In the case of Re JXN (A Child) the Father did not want the Mother to take the child out of the country because of fears of abduction.
The Mother was born in China, but had lived in the United Kingdom for twelve years and had been granted a British Citizenship in 2010.
The Mother formed a relationship with the Father and gave birth to their daughter, J.
After the birth of their daughter, the parties subsequently separated and upon separation the Father filed an application in respect of the arrangements for J’s care and residence. The Court made an Order forbidding either parent from removing J from the jurisdiction without having informed the other party of full details of any planned holiday.
The Chinese Mother applied to the Court for permission to take the Child J on holiday to China, however the Father opposed the application on the basis there was a risk of abduction.
The Mother submitted that she did not have any intention of abducting the Child, but wished to take her on holiday.
The case proceeded to Court.
When deciding whether or not to allow the Mother to take the Child on holiday to China, the Court considered the Welfare Checklist which is found in Section 1(3) of the Children Act 1989.
After considering these factors, the Family Court found there was no evidence to suggest the Mother was going to abduct the Child and therefore held that it was in the Child, J’s, best interests to travel to China with her Mother as it was important she kept in contact with her Chinese heritage.
Family Law Solicitors Eastbourne, Hailsham and Polegate
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