Family Law Hub

MGB v GT [2020] EWHC 2968 (Fam)

An appeal out of time by the mother against a decision that the father could arrange for the children to visit and stay with the paternal grandparents in the Ukraine. The children were very reluctant to see their father, and it had emerged that the father might be living with the paternal grandparents. She asked for the order to be varied for the holiday to take place within the jurisdiction of England and Wales. Williams J allowed the appeal and remitted the case to a circuit judge at the Central Family Court for the issues to be determined. The decision had been reached in a manner that rendered it unjust by reason of serious procedural irregularity. Given the absence of notice and the lack of evidence neither the parties nor the court were in a position fairly to determine the issue. There was almost no consideration of the effect on the children or the risk of emotional harm or any reference to their wishes and feelings. Given the effect on the children of not being returned was a primary issue in such applications, the absence of any consideration of the issue rendered the decision wrong.

Judgment, published: 09/11/2020

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Published: 09/11/2020

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