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Family Section

W (A Child: Temporary Removal From the Jurisdiction) [2016] EWFC 45 - (Mr Justice Peter Jackson) 20 April 2016

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Procedural advice on the right level of judge to deal with risk of abduction cases

In brief: A father’s (“F”) successful application to allow him to take the child to his home country on holiday to see his paternal family. M had opposed the application on the grounds that there was a risk of abduction and that there was a huge security presence around the paternal family home which put the child’s welfare at risk.

Comment

The judge emphasised that the F’s application should never have been allocated to a district judge, let alone a deputy district judge. It should instead have been referred to the DFJ, who would have directed that it be heard at High Court level, perhaps by a circuit judge sitting as a deputy.

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