U -v- V (Family) [2017] JRC 061A (13 April 2017)

U -v- V (Family) [2017] JRC 061A (13 April 2017)

The risk to the children's welfare and the absence of safeguards in a non-Hague Convention jurisdiction outweigh the father's request; the court errs on the side of caution and refuses leave to remove.

Citation
[2017] JRC 061A
Parties
Applicant: U; Respondent: V
Jurisdiction
Jersey
Judgment Date
13 April 2017
Procedural Posture
Family / Application for Temporary Leave to Remove Children From Jurisdiction
Outcome
Application refused
Legal Topics
Temporary Leave to Remove Children, Residence Order, Child Welfare
Family Law Temporary Leave to Remove Children Residence Order Child Welfare

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

U

Applicant

V

Respondent

Procedural Posture

Family / Application for Temporary Leave to Remove Children From Jurisdiction

Legal Issues

  1. 1 Whether the father should be granted temporary leave to remove the children from Jersey to attend a family event in Country 1
  2. 2 Risk of removal to a non-Hague Convention country (Country 2)
  3. 3 Emotional welfare of the children

Ratio Decidendi

The risk to the children's welfare and the absence of safeguards in a non-Hague Convention jurisdiction outweigh the father's request; the court errs on the side of caution and refuses leave to remove.

Court Disposition

Application refused

Orders

  • Children not permitted to travel with father to Country 1
  • Appointment of Mrs Eleanor Green as guardian ad litem for the children