I think it was either the 12th or 13 Feb they were on the flight.
This is going to be a lengthy post but if KH reads here, this may be of use to him.
It is a criminal offence under the Child Abduction Act 1984 for a person to take a child under the age of 16 abroad for more than 28 days without the appropriate consent. In this case, KFP would require the consent of KH as he is the father of the children and has PR.
For anyone who plans to take a child out of the country for more than 28 days, appropriate consent
is required. If KH was to refuse consent KFP could still apply for permission from the court (Unlikely KFP would do this though). If consent is not received through either channel, you
are breaking the law.
KFP could argue that she didn't know this and would have three defence options available to her.
1. She believed that KH had consented or would have consented if he knew the circumstances (She will play the J&B's mental health needs here)
2. Where she had taken reasonable steps to communicate with KH of her intention to remove the child from the UK. (she could say he had blocked her and she couldn't make contact and she couldn't go through MP as there is a restraining order)
3. KH unreasonably refused consent, however if KH has a child arrangements order (which he very well might have as J&B were living with him full time until recently), this defence is not applicable.
Suppose KH had suspected that KFP was likely to remove the children from the UK for a period of more than 28 days. In that case, he could have applied for a prohibited steps order to prevent the removal of J&B. I suspect if KFP is ever in the position where she plans to take the children on holiday again he would be wise to apply for this.
Thankfully Thailand signed the Hague Convention in 2016, which can assist with their return if KFP decides not to come back, or stays for a significant period of time with no return travel plans. If KFP could establish that J&B were likely to be exposed to physical or physiological harm, or placed in an intolerable situation should they return to the UK then she would have a case to keep them with her. I don't think this applies here and would argue that they are in danger
with KFP rather than being returned to the UK.
There are difficulties if KH wishes to use The Hague Convention if J&B don't want to return to their resident country and have attained a degree of maturity appropriate to have their decisions taken into account (usually aged 7 and above). However, I think it would be reasonable to suggest that there has been an element of brainwashing by KFP so they may well say they don't wish to return to the UK. KFP could also argue that the children are now settled in Thailand however I fail to see how this argument would hold any weight as they are living in hotels and not in education and are still, by KFP's admission, on holiday.
KFP would also be breaching contact rights which I believe KH still has.
Legal Aid may be available for KH to secure the return of J&B if it can be proved that they have been unlawfully removed from UK, and to secure their return.
All the above is applicable if J&B are not returned within 28 days as they are then subject to wrongful removal without appropriate consent or wrongful detention if KFP is not returning them within timescale.
If KFP wants to keep them in Thailand for more than 28 days she needs to apply for a Specific Issue Order. I can't see that being granted though.
The court would consider the wishes and feelings of the child, their physical, emotional and educational needs, how the change in circumstances will affect the child and any harm that the child has suffered or is likely to suffer. They also look at how capable the parent (ie KFP) is at meeting the child's needs. The court will also consider the motivation of KFP not returning the children and if it is to effectively stop contact with KH. There must be significant opportunities for J&B to have contact with KH and siblings, and the effect that reduced contact or no contact would have on them would be carefully considered. (Grandparents, siblings, and wider family)
I could go on but I'm sure you get the jist.
The 28 day mark is very significant.