Girls moved to Northern Ireland by mother amid claims they could be at risk of Female Genital Mutilation are to stay in country
Two girls removed from another country amid claims they could be at risk of Female Genital Mutilation (FGM) are to remain with their mother in Northern Ireland, the High Court has confirmed.
The woman was granted a residence order after she agreed to withdraw allegations made against the children’s father.
He will be allowed to travel to the region to spend time with his daughters every month as part of the terms.
The outcome was reached in a case opened to the press under a pilot scheme for reporting on family court cases normally heard behind closed doors.
No-one involved in the proceedings can be identified to protect the vulnerable children at the centre of the legal battle.
The girls’ mother initially took them from a country outside the United Kingdom and brought them to Northern Ireland without the father’s consent.
The move was based on concerns they could be at risk of the practice of FGM, she had alleged.
Lawyers representing the father sought their return through the Hague Convention on the Civil Aspects of International Child Abduction.
His application was set to be opposed at a hearing before Mr Justice Fowler at the Royal Courts of Justice in Belfast.
Instead, however, it was announced that the man had dropped the legal bid because it was in the best interests of his children’s psychological well-being.
His barrister also told the court: “The allegations that were made by the mother against the father in respect of the risk of FGM of the children is now withdrawn by the mother.”
Based on those developments, it was agreed that the girls’ habitual residence is to be Northern Ireland for jurisdiction in any future proceedings relating to them.
The arrangements, put in place under the Children (Northern Ireland) Order 1995, mean they are to reside in the care of the mother.
The court heard the father is to have contact rights to see his daughters in Northern Ireland at least once a month, including overnight stays at a notified address.
Potential trips to see him during school holidays and arrangements for ensuring indirect contact by video facilities formed a further part of the approved terms.
Papers submitted to the judge stated: “Neither the applicant or the respondent shall permit or facilitate the children to undergo female genital mutilation.”
Granting the respective residence and contact orders, Mr Justice Fowler said: “I’m pleased that the parties took the time for negotiations to resolve all of the issues.”