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AS v CPW: The Court retrospectively grants a time limited relocation of a child wrongly removed to, and retained in Sierra Leone

Date:22 MAY 2020

In short the case concerns three children but the judgement largely deals with the eldest child B a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case to be a police officer in Sierra Leone). The father also applied for Child Arrangement Order for contact with the children. The mother then cross-applied for an order permitting her retrospectively relocating B to Sierra Leone until the summer of 2022 to enable him to conclude his GCSEs at a school in Sierra Leone.

Interestingly Mostyn J states at the time that the High Court proceedings were commenced by the father on 6 February 2020 B had become habitually resident in Sierra Leone but his removal and retention were plainly wrongful so he accepts the court has jurisdiction in respect of B under Article 10...

Read the full article here.