M v F & Anor

M v F & Anor

The arrangement that best meets S’s welfare is for her to remain living in the local area with her mother, with further relaxation of restrictions to allow visits to the maternal family, but not to relocate. The risks of forced marriage or honour-based abuse are minimal and do not justify relocation or a Forced Marriage Protection Order. Regular contact with the father is essential for S’s welfare and identity. The mother’s plans for relocation are insufficiently detailed and financially uncertain. The PSO will be varied to require S to reside in the local county and not travel to Bangladesh. Contact and travel arrangements are set out to balance S’s welfare and both parents’ involvement.

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) / Final Judgment After Trial
Outcome
Application for relocation refused; PSO varied; child arrangements and contact orders made
Legal Topics
Internal Relocation, Prohibited Steps Order, Child Arrangements, Forced Marriage Protection, Welfare Checklist, Expert Evidence
Family Law Children Law Internal Relocation Prohibited Steps Order Child Arrangements Forced Marriage Protection Welfare Checklist Expert Evidence

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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) / Final Judgment After Trial

Legal Issues

  1. 1 Should the prohibited steps order be relaxed or discharged to allow the mother to relocate with the child?
  2. 2 Should the child be permitted to travel abroad, and if so, with what restrictions?
  3. 3 What child arrangements and contact orders are in the child's best interests?

Ratio Decidendi

The arrangement that best meets S’s welfare is for her to remain living in the local area with her mother, with further relaxation of restrictions to allow visits to the maternal family, but not to relocate. The risks of forced marriage or honour-based abuse are minimal and do not justify relocation or a Forced Marriage Protection Order. Regular contact with the father is essential for S’s welfare and identity. The mother’s plans for relocation are insufficiently detailed and financially uncertain. The PSO will be varied to require S to reside in the local county and not travel to Bangladesh. Contact and travel arrangements are set out to balance S’s welfare and both parents’ involvement.

Court Disposition

Application for relocation refused; PSO varied; child arrangements and contact orders made

Orders

  • S to reside with her mother in the local county until completion of GCSEs (2025)
  • Mother prohibited from taking S to Bangladesh; travel to other countries permitted with both parents’ consent