VULNERABLE ADULT: Re HM (Adult); PM v KH (No 5) [2010] EWHC 2107 (Fam)

03 NOV 2010

(Family Division; Munby LJ sitting as a judge of the Family Division; 9 August 2010)

A new placement with contact to parents was in adult's best interests. While the order was being drafted the father retained the adult, then when the final version of the order was sent to the parties, the father removed the adult to Israel, in breach of the order. Proceedings were commenced in Israel and the Israeli authorities permitted mother to return to England with the adult. The mother, the Official Solicitor and the States of Guernsey applied for the father to pay costs.

Held that the costs were justified by the father's conduct in abducting the vulnerable adult necessitating litigation in Israel for her return, applying the same principles as would be applied in children and Court of Protection cases. Costs orders covering litigation in a foreign court and travel and subsistence were appropriate in these circumstances.

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