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X-N (A Child) [2014] EWCA Civ 1775, CA, McFarlane, McCombe, Vos LJJ, 25.11.14
M was of Chinese origin, but a British citizen (the consequence being she no longer had Chinese citizenship or would have to relinquish it). F was British. Their child was 4 yo. The M wanted to take her to China for about a month, having made previous trips with F’s consent. Baker J had allowed her application. F appealed. The appeal was allowed – unusually the court did not remit for rehearing but left it to the M to make a further application if she wished to do so. Both parties appeared before Baker J as litigants in person, assisted by McKenzie friends, and the Ct App felt that this had led to an unsatisfactory hearing in which the court at first instance had not adequately dealt with the issues of risk attendant upon removal to a non-Hague Convention country, particularly with regard to the magnitude of the consequences of a breach if it were to occur and the level of security which might be achieved through available safeguards. Generally, expert evidence, properly obtained, should be considered by any court looking at this type of case, and the evidence submitted was not satisfactory. This case is more about the right way of dealing with this sort of application for temporary removal than one which sets a precedent in itself.
