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England and Wales decisions
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The court refused an application for a transcript at public expense, finding no need for the entire proceedings and no sufficient evidence of means for the judgment transcript.
Frischmann v Vaxeal Holdings SA & Ors [2026] EWHC 854 (Ch) (18 March 2026)
The High Court refused to vary a passport order, finding a real risk of flight and no sufficient hardship. Costs were awarded on the indemnity basis.
The judge failed to conduct an all-round assessment of the relevant factors regarding the children's ability to instruct solicitors, placing undue weight on findings of parental influence and not considering the advantages of separate representation or the absence of negative welfare consequences. The children are of sufficient understanding and should be separately represented to ensure their voices are fully and independently presented in proceedings of significant consequence to them.
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Given the proven risk of forced marriage, past parental dishonesty, and lack of protective factors, the extension of FMPOs and Passport Orders until the young people’s 21st birthdays is necessary and proportionate to protect them from harm, outweighing the intrusion into Article 8 rights.
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LA v M & Ors [2025] EWHC 630 (Fam) (18 February 2025)
The High Court extended forced marriage protection orders and parental passport orders until the younger people reach 21, finding ongoing high risk and serious parental dishonesty.
The Central Family Court refused a mother’s application to relocate the children to Miami, finding her contact proposals unrealistic and harmful to the father-child relationship.
A (Children), Re [2025] EWCA Civ 1521 (15 January 2025)
The Court of Appeal allowed children’s appeal against refusal of separate representation, holding the judge had not assessed all relevant factors and granted their application.
It is in the child’s best interests for contact with the father to be gradually increased, including eventual travel abroad, with robust safeguards. The mother’s consent for US passport renewal is dispensed with. The port alert remains for 12 months. The father must post a bond before any foreign travel. The arrangements are structured to protect the child’s welfare, address both parents’ fears, and promote co-parenting, with gradual exposure to international contact and clear safeguards to prevent abduction.
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The applicant failed to establish any strong prima facie case that the mother knowingly made false statements to the criminal standard. The allegations were vague, unsupported by evidence, and not properly pleaded. There was no breach of any court order by the mother regarding service or filing a statement. The application was totally without merit and an abuse of process.
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There is an exceptionally strong prima facie case of unfair prejudice due to prohibited sales to Russia, concealment of accounts, and breach of fiduciary and statutory duties by the First Respondent. Urgent interim relief is justified to preserve evidence, protect the business, and prevent frustration of court orders. The legal tests for mandatory injunctions, imaging orders, and passport orders are satisfied.
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