In the case of F v M [2025], EWFC 225 (B) (03 July 2025) the Court refused permission to allow the mother to take the children to China on holiday.
This case is a helpful reminder that the Court can and will refuse a parents’ request for a holiday if concerns are raised of compliance with Court orders and the return of the children to the jurisdiction.
This case concerned two boys aged 8 and 10. The children’s mother was born in China and around 22 years ago she came to England to complete her university studies and remained living here. She has since renounced her Chinese citizenship. The father is from Northern Ireland and lives with his partner in London.
The parents married in 2014 and separated in around 2016/2017. The divorced was finalised in 2021. Following their separation, the children lived with their mother and spent every other weekend and half of their holidays with their father. This arrangement came to an end in August 2023 when the mother stopped contact with the children following an allegation that the father had hit them.
The Local Authority undertook an assessment in October 2023 and concluded that there was no reason for children’s services to be involved, and the case was closed. The Local Authority advised the parents to seek mediation to support and address their acrimonious relationship.
The father subsequently issued an application for a child arrangements order and following receipt of that application the Court agreed the instruction of an Independent Social Worker to make recommendations about the arrangements for the children. The report concluded that the children should live with their mother and set out the times for the children to spend with their father.
In September 2024, the direction of the case changed when the mother applied for permission to take the children to live in Thailand for two years. The mother said that her parents living in Beijing were ill and required medical treatment. She needed to look after them. The Court noted at the time that the mother sought to relocate to Thailand and the mother indicated that she sought to relocate to Thailand for educational reasons.
The father opposed the application and an order was made in the meantime prohibiting the mother from removing the children from the jurisdiction whilst the case progressed to a final hearing.
In April 2025, shortly after an Independent Social Worker’s report was filed that month, the mother abandoned her application for the children to accompany her. Instead, she sought to live with her parents in China for 12 – 18 months to assist them with medical treatment and general care. The Court gave permission for an expert in Chinese family law to be instructed and in May 2025 the mother sought permission to travel to China with the children on holiday for 5 weeks in July/August.
On hearing the mother’s evidence, the Court found that her story was somewhat muddled. The Court noted that previously the mother had breached Court orders and recitals and she had not acknowledged that indirect contact had not properly taken place, even though it was an established fact. In short, the Judge determined that he was “unimpressed” with the mother. He did not believe that she was open with the Court as to her intentions. The mother’s view of the father was negative and the Court was concerned that whilst it acknowledged that the mother had given up her Chinese citizenship and has ties with this country, the evidence also determined that ultimately, she would do as she pleases. Accordingly, the Judge concluded that there was a very high risk that she would not return the children at the end of the holiday. The Court had no faith that she would respect any order of the Court and the father’s concerns could not be disregarded.
The Court has powers to give permission to parents to take their children away on holiday if another parent objects. As with all Court applications, whether you are seeking to remove a child from the jurisdiction permanently, for a holiday or seeking to prevent a child’s removal, it is important that you seek advice early.
At Stephens Scown we have specialist solicitors to assist you with this process.
If you would like to discuss further or know more please contact our Family Law team or call us on 0345 540 5558.