NW v SW
[2023] EWHC 602 (Fam)
Z and X (Visit to Ukraine), Re
14 February 2024
[2024] EWHC 314 (Fam)
High Court
A dad in Ukraine wants his kids (who live in the UK with their mum) to visit. The judge said no because of the war in Ukraine. It's too dangerous and stressful for the kids to travel there right now. The kids can still talk to their dad online.
Key Facts
- •Application concerns contact between a father in Kyiv, Ukraine, and his two children (aged 16 and 11) living with their mother in the UK.
- •Children are Ukrainian nationals, and the parents are divorced.
- •Father seeks an order under Article 21 of the Hague Convention 1980 and section 8 of the Children Act 1989 for the children to visit him in Ukraine.
- •This is the second application; the first sought the children's return to Ukraine, but was withdrawn.
- •Children currently have regular video contact with their father.
- •Father proposes visits to Transcarpathia (western Ukraine), suggesting it's safe.
- •Mother opposes the application due to safety concerns, cost, and children's reluctance.
- •Cafcass recommends against visits to Ukraine while the war continues.
- •Children express reluctance to travel to Ukraine due to the ongoing war and practical difficulties.
- •The father proposes the mother pay all travel expenses.
Legal Principles
Welfare of the child is paramount.
Children Act 1989, section 1
Court must consider all circumstances, paying particular regard to factors in section 1(3) of the Children Act 1989.
Children Act 1989, section 1(3)
For a 16-year-old, circumstances must be exceptional to make an order (Children Act 1989, section 9(6)).
Children Act 1989, section 9(6)
Article 8 ECHR: Right to respect for family life, including contact between parent and child.
Article 8 ECHR
Involvement of a parent in a child's life furthers their welfare (Children Act 1989, section 1(2A)).
Children Act 1989, section 1(2A)
Outcomes
Father's application for direct contact in Ukraine refused.
Ongoing war in Ukraine poses significant safety and emotional risks to the children; the journey is arduous and expensive; children express reluctance; mother's concerns are valid; father's proposal lacks practicality.