SC v BH

SC v BH

Given the findings on the father's lack of credibility, the real risk of abduction, and the inadequacy of Texan orders to protect the child's welfare, it is necessary and proportionate to make a passport order to prevent the removal of ACH from the jurisdiction.

Parties
Applicant: SC; Respondent: BH
Jurisdiction
England and Wales
Judgment Date
03 March 2014
Procedural Posture
Family / Judgment on Application for Passport Order
Outcome
Passport order granted
Legal Topics
Passport Orders, Child Residence, Jurisdiction, Hague Convention, Prohibited Steps Order
Family Law International Child Abduction Passport Orders Child Residence Jurisdiction Hague Convention Prohibited Steps Order

Case Brief

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Parties

SC

Applicant

BH

Respondent

Procedural Posture

Family / Judgment on Application for Passport Order

Legal Issues

  1. 1 Whether a passport order should be made to seize the father's and child's passports if the father enters the UK
  2. 2 Whether there is a real risk of abduction by the father
  3. 3 Jurisdiction of English courts over the child's welfare

Ratio Decidendi

Given the findings on the father's lack of credibility, the real risk of abduction, and the inadequacy of Texan orders to protect the child's welfare, it is necessary and proportionate to make a passport order to prevent the removal of ACH from the jurisdiction.

Court Disposition

Passport order granted

Orders

  • Order for seizure of the father's and ACH's passports if the father enters the UK
  • Return date within 48 hours of seizure of travel documents