(Family Division; Wall P; 11 May 2011)
The family was originally from Nigeria. The maternal family, including the mother, maternal aunt, deceased sibling and child, suffered from a genetic heart condition. The child and mother went from Nigeria to the USA for study purposes. Following the death of the mother in the USA, the children travelled to England, where the mother was buried. The children went to stay with relatives in England.
The mother's half sister and her husband who lived in Kenya applied to the English court for defined contact, residence, a prohibited steps order and leave to remove the child from jurisdiction to live with them in Kenya.
Permission had since been given for child to return to Nigeria with father. The issue was whether the applicants should be permitted to withdraw the proceedings or whether they should be dismissed as the father wished, and whether they should pay the father's costs.
The applicants were permitted to withdraw the proceedings for residence and leave to remove in relation to their niece, but were ordered to pay the father's costs on the basis that there was litigation conduct and/or it was just so to order.