M (Children) (Non-Hague Convention State)

M (Children) (Non-Hague Convention State)

The trial judge properly considered the relevant risks, evidence, and legal principles, and was entitled to conclude that the proposed local court orders in Qatar and Dubai provided sufficient safeguards to permit both parents to take the children for holidays. The judge’s assessment of risk and proportionality of safeguards was within his discretion and adequately reasoned.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Family Law Children / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Child Abduction, Temporary Removal From Jurisdiction, Welfare of the Child, International Safeguards, Enforcement of Foreign Orders
Family Law International Child Law Child Abduction Temporary Removal From Jurisdiction Welfare of the Child International Safeguards Enforcement of Foreign Orders

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Children / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in requiring an order to be obtained in Qatar as a condition for the mother to take the children there
  2. 2 Whether the trial judge was wrong to permit the father to take the children to Dubai given the risk of abduction and the adequacy of safeguards
  3. 3 Whether the judge failed to properly assess the risk of abduction and the effectiveness of proposed safeguards

Ratio Decidendi

The trial judge properly considered the relevant risks, evidence, and legal principles, and was entitled to conclude that the proposed local court orders in Qatar and Dubai provided sufficient safeguards to permit both parents to take the children for holidays. The judge’s assessment of risk and proportionality of safeguards was within his discretion and adequately reasoned.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court affirmed: both parents permitted to take the children to Qatar and Dubai for holidays, subject to undertakings and local court orders as safeguards.