MG v JH

MG v JH

Given the history of abduction, the risk of non-return cannot be eliminated without significant safeguards, including a substantial bond and mirror orders in Mexico. The child's wishes and feelings must be ascertained by a guardian before any decision. The case is not ripe for final determination and is adjourned for further directions and a final hearing.

Parties
Applicant: MG; Respondent: JH
Jurisdiction
England and Wales
Judgment Date
30 November 2018
Procedural Posture
Family / Interlocutory Directions; Adjournment for Further Directions and Final Hearing
Outcome
Adjourned for further directions and final hearing; no final determination on the application at this stage.
Legal Topics
Child Abduction, International Child Relocation, Guardianship, Wishes and Feelings of the Child, Risk of Non Return, Safeguards for International Travel
Family Law Child Law Child Abduction International Child Relocation Guardianship Wishes and Feelings of the Child Risk of Non Return Safeguards for International Travel

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Parties

MG

Applicant

JH

Respondent

Procedural Posture

Family / Interlocutory Directions; Adjournment for Further Directions and Final Hearing

Legal Issues

  1. 1 Whether the mother should be permitted to take the child on holiday to Mexico given the history of abduction and risk of non-return
  2. 2 Whether Ms Toni Jolly should be reappointed as the child's guardian
  3. 3 What safeguards are necessary to minimise the risk of non-return

Ratio Decidendi

Given the history of abduction, the risk of non-return cannot be eliminated without significant safeguards, including a substantial bond and mirror orders in Mexico. The child's wishes and feelings must be ascertained by a guardian before any decision. The case is not ripe for final determination and is adjourned for further directions and a final hearing.

Court Disposition

Adjourned for further directions and final hearing; no final determination on the application at this stage.

Orders

  • CAFCASS reappointed as guardian, preferably Ms Toni Jolly if available.
  • Matter adjourned for further directions on 18 March 2019 and final hearing on 1 and 2 July 2019.