(Family Division, Sir James Munby P, 16 December 2015)
Public law children – Care proceedings – Allegations of the mother being a radical extremist – Mother attempted to remove children to Turkey – Fact-finding
The President concluded that the local authority had not proved its case in respect of allegations of the mother’s radical extremism and the children would be restored to the mother’s care.
The mother of four children had attempted to take her family to Turkey when she was arrested at the airport along with the maternal aunt, uncle and grandmother. Emergency protection orders were granted and the children were placed with foster carers.
The local authority threshold statement listed a range of concerns including that the mother intended to travel to Syria to join with ISIS militants. Significant materials had been found at the mother’s home. The mother disputed that the threshold had been crossed and refuted the suggestion that she was a radical fundamentalist. However she shifted her position on several occasions and accepted that she had not been fully open and honest with professionals. She asserted that she had actually travelled to Turkey to meet and possibly marry a man which she claimed provided a reason for certain items being in her luggage.
This judgment was handed down in open court
Case numbers omitted
Neutral Citation Number: [2015] EWHC 3651 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Civil and Family Justice Centre
Vernon Street
Liverpool
Date: 16 December 2015
Before:
SIR JAMES MUNBY PRESIDENT OF THE FAMILY DIVISION
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In the matter of X (Children) (No 3)
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Mr Simon J G Crabtree (instructed by the local authority) for local authority A
Mr Karl Rowley QC (instructed by Stephensons Solicitors LLP) for MX (mother of X1, X2. X3, X4)
Miss Ayeisha Khandia (of Fountain Solicitors) for FX (father of X1, X2, X3, X4)
Miss Linda Sweeney (instructed by AFG Law) for GX (the children’s guardian of X1, X2, X3, X4)
Hearing dates: 20-23 October 2015
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