M v F & Anor [2022] EWFC 186 (B) (03 November 2022)

M v F & Anor [2022] EWFC 186 (B) (03 November 2022)

The court determined that S's welfare is best served by remaining in her local area with her mother, rather than relocating, due to the minimal but real risk of forced marriage or honour-based abuse if she moved closer to the maternal family, the lack of detailed and practical relocation proposals from the mother, and the benefit to S of maintaining her established relationship with her father and local community. The Prohibited Steps Order was varied to allow foreign travel except to Bangladesh, and S's passport to be held by the mother but released to the father for agreed travel. No Forced Marriage Protection Order was necessary as the risk was assessed as minimal and manageable with...

Citation
[2022] EWFC 186 (B)
Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: S (a child through her Guardian, CB)
Jurisdiction
England and Wales
Judgment Date
03 November 2022
Procedural Posture
Children Act 1989 Proceedings (internal Relocation, Prohibited Steps, Child Arrangements, Specific Issue) / Final Judgment After Trial
Outcome
Application for relocation refused; PSO varied; child arrangements order made for S to live with her mother in the local area; no FMPO made.
Legal Topics
Internal Relocation, Prohibited Steps Order, Child Arrangements Order, Specific Issue Order, Forced Marriage Protection, Expert Evidence
Family Law Child Law Internal Relocation Prohibited Steps Order Child Arrangements Order Specific Issue Order Forced Marriage Protection Expert Evidence

Case Brief

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Parties

M

Applicant

F

1st Respondent

S (a child through her Guardian, CB)

2nd Respondent

Procedural Posture

Children Act 1989 Proceedings (internal Relocation, Prohibited Steps, Child Arrangements, Specific Issue) / Final Judgment After Trial

Legal Issues

  1. 1 Whether S should be permitted to relocate with her mother to another county or remain in her local area
  2. 2 Whether the Prohibited Steps Order (PSO) should be varied or discharged regarding relocation and foreign travel
  3. 3 Whether a Forced Marriage Protection Order (FMPO) is necessary

Ratio Decidendi

The court determined that S's welfare is best served by remaining in her local area with her mother, rather than relocating, due to the minimal but real risk of forced marriage or honour-based abuse if she moved closer to the maternal family, the lack of detailed and practical relocation proposals from the mother, and the benefit to S of maintaining her established relationship with her father and local community. The Prohibited Steps Order was varied to allow foreign travel except to Bangladesh, and S's passport to be held by the mother but released to the father for agreed travel. No Forced Marriage Protection Order was necessary as the risk was assessed as minimal and manageable with...

Court Disposition

Application for relocation refused; PSO varied; child arrangements order made for S to live with her mother in the local area; no FMPO made.

Orders

  • S to live with her mother in the local area
  • Prohibited Steps Order varied to allow foreign travel except to Bangladesh