In the recent case of Re R (a child)  EWCA Civ 1115, the Court of Appeal (Patten LJ, McFarlane LJ and Floyd LJ) allowed the appeal of a father who sought to prevent a mother from taking a child on a holiday to Kenya for a holiday. Kenya is not a signatory to the Hague convention and the Court of Appeal found that the judge had failed to properly balance the risks of a retention there against the consequences for the child and the lack of safeguards that could be put in place. The court also held that the judge had not properly considered the effect of the safeguards that he sought to impose.
The successful Appellant was represented by Peter Newman.
Read the full judgment here