Marie represented a Father who was born outside the EU but is now a British Citizen. He was married to a British woman and they have two young children, but have since separated. During the proceedings a Child Arrangements Order was obtained for the Father to spend time with the children, including during holidays, but he also sought leave to be able to take the children to his home country for holidays. The Mother strongly opposed this because it is a Non Hague Convention country and there are no bilateral agreements in relation to child abduction.
To support her client’s case Marie would need to obtain and present expert evidence on the law in the father’s home country to ascertain whether an English court order is enforceable there, what the procedure would be if the children were not returned and what safeguards could be put in place.
However, at this point, the Judge dealing with the case indicated her view that the children were too young to benefit from travelling at present, and that the Father should wait and re-apply when the children are older.