Background
5.The background to the father’s application is as follows:i)Both parties were born in England. They began co-habiting in 2006. They married in Nottingham in 2013. In 2014 they moved, with both children, to Country D where both taught at an international school. They separated in 2016. The father commenced divorce proceedings in the Newport Family Court, Gwent, which proceeded by consent and ended with the making of the decree absolute in August 2017.ii)Following the parties’ separation, both children initially lived with the mother but in early 2018 J moved to live with the father. Later that year both parties and the children returned to live in England after the teaching contracts ended, but the mother applied to the Family Court at Chesterfield for permission to remove A from the jurisdiction to live with her in Country C. As recorded in the order of HHJ Bellamy on 13 August 2018, the father believed that it was in A’s best interests to move to Country C to live with the mother. The court recorded that it had jurisdiction on the basis of habitual residence. In effect, the court allowed the mother to take A with her to live in Country C where they both remain. The mother is employed as a teacher in that country. It is not disputed that A is habitually resident there.iii)From August 2018 to August 2019 J lived with grandparents in Scotland before moving to live with the father in Sheffield. The father maintains that on a visit to him during the Christmas holiday in 2019, A disclosed to him that the mother had physically abused her. This is denied by the mother and I have received no evidence on the matter beyond the father’s assertion. The father and J decided to move to the Middle East, specifically to Country B where the father had an offer of a job. He says that the intention was to be closer to A. He applied to the Family Court at Sheffield for permission to remove J from the jurisdiction to live with him in Country B. By consent of the parties, HHJ Lynch made orders on 22 July 2020 permitting the father to relocate with J to Country B, and providing for J to live with the father, A to live with the mother, and for each child to spend time with the parent with whom they were not living. Although the child arrangements orders were in respect of both children, the court recorded that it had jurisdiction in relation to J on the basis of habitual residence but did not make any recording of its jurisdiction in relation to the orders concerning A. The mother was represented by solicitors for the purpose of the proceedings and the consent order.iv)In July 2021 the father and J visited Country C. The father alleges that A disclosed abuse of her by the mother. Again, this is denied and I have received no evidence on the allegation beyond the father’s assertion. He alerted the Country C’s police and child protection services but this resulted in no action being taken against the mother. Indeed, the mother made a complaint of harassment against the father and he signed a document which he now understands was an agreement not to make allegations against the mother, in order to allow him to leave Country C. The father’s contact with A has been very restricted, he says, and concerned for her welfare, he has made his application to this court for an order that she should live with him.