Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

04 SEP 2007

ABDUCTION: Re L (Abduction: Consent)

(Family Division; Bodey J; 4 September 2007)

There was no reason in principle why consent to removal of children from the jurisdiction should not be valid if tied to some future event, even of uncertain timing, provided that the happening of the future event was reasonably ascertainable; it must not be too vague, uncertain or subjective. However, if the consent had been given at a time when the facts were wholly and manifestly different from those prevailing at the time of removal, or given so long before the removal that the consent must have lapsed, or if the consent had been withdrawn before the removal, then the defence of consent would not have been made out. In the instant case, after the consent to a permanent relocation had been given but before the mother had left with the children there had been further discussions of the proposed departure in the context of a holiday; return tickets had been purchased. The notion of a holiday was consistent only with a return to the former home, and the consent to a holiday had replaced or modified the more generous relocation permission given previously.

Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Subscribe to our newsletters