MGB v GT

MGB v GT

The order permitting the children to travel to Ukraine was unjust due to serious procedural irregularity, lack of notice, and absence of evidence; the welfare checklist and risk of non-return were not properly considered, rendering the decision wrong.

Parties
Applicant: MGB; Respondent: GT
Jurisdiction
England and Wales
Judgment Date
05 November 2020
Procedural Posture
Appeal / Judgment on Appeal From Final Decision
Outcome
Appeal allowed
Legal Topics
Child Arrangements, Temporary Leave to Remove, Procedural Irregularity, Welfare Checklist, Appointment of Guardian
Family Law Child Arrangements Temporary Leave to Remove Procedural Irregularity Welfare Checklist Appointment of Guardian

Case Brief

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Parties

MGB

Applicant

GT

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Final Decision

Legal Issues

  1. 1 Whether the order permitting temporary removal of children to Ukraine was procedurally irregular and unjust
  2. 2 Whether the welfare checklist and risk of non-return were properly considered
  3. 3 Whether the children's wishes and feelings were adequately addressed

Ratio Decidendi

The order permitting the children to travel to Ukraine was unjust due to serious procedural irregularity, lack of notice, and absence of evidence; the welfare checklist and risk of non-return were not properly considered, rendering the decision wrong.

Court Disposition

Appeal allowed

Orders

  • Order of 10 March 2020 discharged
  • Issue of temporary leave to remove and child arrangements remitted to Central Family Court for directions