P (Discharge of Passport Order) (Rev 2)

P (Discharge of Passport Order) (Rev 2)

The passport order against the father is discharged as it is no longer necessary to secure his engagement or prevent flight; retention of his passport is disproportionate given his circumstances. The mother’s committal application is dismissed due to defective penal notice and lack of evidence of possession/control of documents. Maria’s passport remains with the Tipstaff pending further review. Directions are given for the father to execute travel consents for Maria’s return to England, and for judicial liaison to clarify jurisdictional issues with Bulgarian courts.

Parties
Applicant: P; Respondent: P
Jurisdiction
England and Wales
Judgment Date
06 November 2020
Procedural Posture
Wardship / Passport Order / Committal Application / Ruling on Discharge of Passport Order, Committal Application, and Directions
Outcome
Passport order against father discharged in part; committal application dismissed; fresh order for father to execute travel consents; Maria’s passport retained by Tipstaff; directions for judicial liaison and further hearing.
Legal Topics
Passport Orders, Habitual Residence, Jurisdiction, Lis Pendens, Committal for Contempt, Child Arrangements
Family Law International Family Law Passport Orders Habitual Residence Jurisdiction Lis Pendens Committal for Contempt Child Arrangements

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Parties

P

Applicant

P

Respondent

Procedural Posture

Wardship / Passport Order / Committal Application / Ruling on Discharge of Passport Order, Committal Application, and Directions

Legal Issues

  1. 1 Whether the passport order against the father should be discharged
  2. 2 Whether the mother’s application to commit the father for contempt should be allowed
  3. 3 Jurisdictional issues regarding Maria’s habitual residence and concurrent proceedings in England and Bulgaria

Ratio Decidendi

The passport order against the father is discharged as it is no longer necessary to secure his engagement or prevent flight; retention of his passport is disproportionate given his circumstances. The mother’s committal application is dismissed due to defective penal notice and lack of evidence of possession/control of documents. Maria’s passport remains with the Tipstaff pending further review. Directions are given for the father to execute travel consents for Maria’s return to England, and for judicial liaison to clarify jurisdictional issues with Bulgarian courts.

Court Disposition

Passport order against father discharged in part; committal application dismissed; fresh order for father to execute travel consents; Maria’s passport retained by Tipstaff; directions for judicial liaison and further hearing.

Orders

  • Father’s British passport and Bulgarian ID card to be returned forthwith
  • Maria’s British passport to remain with Tipstaff