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Minor – Removal outside jurisdiction. The Court of Appeal, Civil Division, dismissed a father's appeal against an order permitting his former partner to relocate to Abu Dhabi with their two children. The court confirmed that the law on penalties did not apply to stipulations for payment of money upon the happening of a specified event other than a breach of a contractual duty owed by the contemplated payor to the contemplated payee, therefore, a charge over the mother's husband's property in favour of the father, to be triggered in the event of breach of the court order, would not be unenforceable. Further, wardship, in the circumstances, was inappropriate and would be replaced by a child arrangements order.
Minor – Removal outside jurisdiction. The Court of Appeal, Civil Division, dismissed a father's appeal against an order permitting his former partner to relocate to Abu Dhabi with their two children. The court confirmed that the law on penalties did not apply to stipulations for payment of money upon the happening of a specified event other than a breach of a contractual duty owed by the contemplated payor to the contemplated payee, therefore, a charge over the mother's husband's property in favour of the father, to be triggered in the event of breach of the court order, would not be unenforceable. Further, wardship, in the circumstances, was inappropriate and would be replaced by a child arrangements order.
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