U (Recognition and Enforcement of Orders under the 1996 Hague Convention), Re
[2023] EWHC 3494 (Fam)
U (Welfare), Re
28 February 2024
[2024] EWHC 583 (Fam)
High Court
A mum and dad fought over where their 4-year-old son, U, should live. The judge heard about the mum's mental health problems and concerns about her behaviour, including an attempt to take U away. To keep U safe and happy, the judge ruled that U should stay with his dad in England, but the mum can see him a little with supervision. To give everyone a break from the fighting, the mum was also stopped from going to court again for a few years.
Key Facts
- •Custody dispute concerning 4-year-old U, previously subject to proceedings in France.
- •Mother seeks U's return to France; father seeks for U to remain in his care in England.
- •History of applications, appeals, and non-molestation orders in both French and UK courts.
- •Allegations of domestic abuse and the mother's mental health are central to the case.
- •Expert psychiatric evidence presented with limitations regarding access to medical records.
- •Mother's behaviour, including an attempted abduction, is a significant concern.
Legal Principles
Child's welfare is paramount.
Children Act 1989, s.1
Presumption of parental involvement furthering child's welfare unless contrary shown.
Children Act 1989, s.1(2A)
Relevant case law concerning international relocation and parental responsibility.
Re F (A Child), Payne v Payne, K v K, Re K (A Child)
Section 91(14) orders to prevent future applications without leave.
Children Act 1989, s.91(14); FPR 2010, PD12J, PD12Q
Outcomes
U to remain living with father in England.
U's best interests, considering stability, avoiding further harm, and the mother's lack of insight.
Supervised contact between U and mother (2 hours every other month, plus indirect contact).
Maintaining mother-child bond while mitigating risks of harm.
Prohibited steps order to prevent mother from removing U.
Protecting U from further risk of abduction.
Non-molestation order to protect U and father from mother's behaviour.
Protecting U and father from emotional harm.
Section 91(14) order prohibiting mother from making further applications until September 2026.
Providing U with respite from litigation and promoting stability.