CJ vs ME & P (By her Guardian, Sophie Winsper)

This case concerned an application by a mother for permission to take her 10-year-old daughter on holidays to Japan, opposed by the father, and the final determination of child arrangements.

TLDR:

• Mother applied for permission to take daughter to Japan for holidays.
• Father opposed the application due to concerns of wrongful retention.
• The court denied the application, citing high risks despite safeguards.

The applicant, CJ, sought court orders allowing her daughter, P, to spend holidays with her in Japan. The application was opposed by P's father, ME, who feared the mother might not return P to the UK. The court was also asked to make a final order on child arrangements.

P, aged 10, is the only child from the marriage between CJ and ME. CJ, originally from Japan, had previously lost her Japanese nationality upon acquiring US citizenship. Despite this, she maintained her Japanese passport and obtained Japanese nationality for P. The family had moved internationally, and CJ had relocated to Japan in 2018, while P remained in the UK with her father.

In 2020, CJ proposed that P spend a year in Japan, which ME initially considered but later strongly opposed, leading to legal proceedings. During these proceedings, CJ attempted to obtain a Japanese passport for P, which raised further concerns for ME. A prohibited steps order was issued to prevent P's removal from the UK.

In November 2021, CJ applied to relocate P to Japan, but later agreed to holiday visits instead. However, ME discovered that CJ had forged his signature on a Japanese divorce notification, falsely stating she had sole custody of P, which heightened his concerns about wrongful retention.

The court considered expert evidence on Japanese family law and the Hague Convention on International Child Abduction. The expert indicated that while Japan is a signatory to the Convention, enforcement of return orders could be challenging, particularly if the child resisted.

Despite the potential benefits of P spending time in Japan, the court concluded that the risks of wrongful retention were too high. CJ's actions, including the forged document, demonstrated a significant risk of non-compliance with court orders. The court emphasized that P's welfare was the paramount consideration and decided against allowing the holidays in Japan.

The court also made provisions for child arrangements within the UK, allowing P to spend significant time with her mother during school holidays, ensuring her relationship with both parents was maintained.

Legal representatives: Mark Jarman KC (on a direct access basis) for the Applicant, Roshi Amiraftabi (instructed by AFP Bloom) for the 1st Respondent, Sam Whittam (instructed by Creighton & Partners) for the 2nd Respondent.

Judicial Panel: The Honourable Mrs Justice Judd

Case Citation Reference: [2024] EWFC 112