NG v CJ
[2024] EWHC 338 (Fam)
T v T
12 December 2023
[2023] EWFC 243
Family Court
A mom wanted to take her daughter to Pakistan for Christmas, but the dad said no. Because there's no easy way to bring the daughter back if the mom doesn't return, and because the dad and daughter have just started seeing each other regularly again, the judge said no to the trip. The judge also emphasized that the daughter's safety and well-being are the most important things to consider.
Key Facts
- •Mother (M) applied for permission to take 5-year-old Z to Pakistan for a Christmas holiday.
- •Father (F) opposed the application.
- •Pakistan is not a signatory to the Hague Convention with the UK.
- •F had previous findings of coercive and controlling behaviour against him.
- •A Qualified Legal Representative (QLR) was ordered but not appointed for the hearing.
- •The judge questioned both parties in the absence of a QLR.
- •Existing Child Arrangements Order (CAO) includes contact schedule and a prohibited steps order preventing removal of Z without the other parent's consent.
Legal Principles
The paramount consideration is the child's welfare.
Re R (A Child) [2013] EWCA Civ 1115
Applications to remove a child to a non-Hague Convention country require the court to be positively satisfied that the advantages outweigh the risks, including the risk of abduction. Safeguards must be in place and their effectiveness often needs expert evidence.
Re R (A Child) [2013] EWCA Civ 1115
The court must consider the risk of breach, the consequences of breach, and the level of security achievable through safeguards.
Re R (A Child) [2013] EWCA Civ 1115
While expert evidence on safeguards is usually needed, it's not always mandatory. The court should err on the side of caution if in doubt.
Re R (A Child) [2013] EWCA Civ 1115, K v K [2020] EWDC 96
The court must deal with the case justly, expeditiously and fairly, even in the absence of a QLR, if appointing one is impossible.
President's View from the President’s Chambers, July 2023, FPR 2010, r 1.1
Outcomes
Mother's application to take Z to Pakistan for Christmas was refused.
The risk of breach, while low, was outweighed by the high detriment to Z if retained in Pakistan, the newness of the contact arrangements, the benefit of maintaining Christmas contact with F, and the absence of a mirror order.
Mother was directed to obtain a mirror order reflecting the English court order.
To provide reassurance and a benchmark for enforcement in Pakistan.
The court recorded jurisdiction and consequences of breach.
To clarify the legal position regarding Z's habitual residence and potential breaches of court orders.
Future applications to take Z to Pakistan will be referred to the Family Presiding Judge.
For efficient case management.