Stephen Lue successfully acts in High Court proceedings concerning prohibited steps order of Mother and child travel to Hague Convention country

Stephen represented the Mother in proceedings where the father had allegedly been violent, controlling and financially abusive. After multiple hearings, and obtaining the key disclosure and injunctive orders to protect the Mother and child, the Father subsequently obtained a prohibited steps order (PSO) to prevent the child from travelling outside the jurisdiction.

The Mother was habitually resident in England & Wales, is an owner of property in this jurisdiction, and there was no evidence to suggest that she had received a job offer in a non-Hague convention country. Prior to the birth of the child, the Mother had a history of travelling to multiple Hague and Non-Hague convention countries for holidays up to eight times a year. The Court accepted that the child had travelled and returned from two Non-Hague convention countries during their short lifetime.

In the High Court, Stephen successfully argued that the Father was not motivated by a genuine fear that the Mother would not return from a holiday. Stephen put to the Court that the Father was attempting to punish the Mother from leaving the abusive relationship, following a professional recommendation of no contact between the child and the Father.

The Court ordered that the PSO would be amended to allow the Mother and child to travel for up to four weeks to a Hague Convention country. The Court did not order that the Father had to be provided with details of travel and accommodation, given the Father’s threat to use this information to make direct contact with the Mother while on holiday.