NG v CJ
[2024] EWHC 338 (Fam)
E and F (Stranding), Re
12 November 2024
[2024] EWHC 2901 (Fam)
High Court
A mum took her kids to Pakistan after the dad allegedly abused her. The dad didn't help in court, and the judge said the kids belong in the UK, since they lived there and the mum is their main carer. The dad has to help the mum bring the kids back, but another court in Pakistan might also have a say.
Key Facts
- •Mother and children (aged 4 and 3) travelled from the UK to Pakistan in May 2024.
- •Mother alleges domestic abuse by the father.
- •Father has not participated in UK proceedings.
- •Pakistan court proceedings are ongoing, asserting jurisdiction and refusing the children's return.
- •Mother seeks return of children to the UK.
- •Guardian supports the mother's application.
Legal Principles
Habitual residence of children
Family Law Act 1986, section 2(1)(a) and (b)
Best interests of the child
Inherent jurisdiction of the Family Court; Hague Convention 1980; UK-Pakistan Protocol 2003
Jurisdiction of the court
Family Law Act 1986, section 2(1)(a) and (b)
Standard of proof in domestic abuse cases
Balance of probabilities
Outcomes
Findings of domestic abuse against the father.
Unchallenged and credible evidence from the mother, supported by maternal grandmother and a witness (Mr. F).
Children remain habitually resident in England.
Children's established lives in the UK before the move to Pakistan; mother's role as primary carer; circumstances of the move to Pakistan being due to the father's actions.
Court has jurisdiction to make orders for the children's return.
Based on findings of habitual residence and the children's habitual residence at the time of the application.
Return order in the best interests of the children.
Children's habitual residence in the UK; father's actions in stranding the mother and children in Pakistan; mother's role as primary carer; UK-Pakistan Protocol 2003.
Orders made for the father to return passports and facilitate the children's return to the UK.
To ensure the children's return to the UK, recognising the need for further applications in Pakistani courts.