MB v KB & Ors
[2023] EWHC 3177 (Fam)
E, Z, D, V (Inherent Jurisdiction: Refusal of Return Order), Re
26 April 2024
[2024] EWHC 988 (Fam)
High Court
A dad wanted to bring his four kids back to Uganda, but their mom brought them to England and they like it here. The court listened to the kids who really wanted to stay in England and didn't send them back to Uganda because the mom also said the dad was abusive. The judge thought it was safer and better for the kids to stay in England.
Key Facts
- •The case concerns the welfare of four children, E, Z, D, and V, of primary school age.
- •The father (A) applied for the children's summary return to Uganda under the High Court's inherent jurisdiction.
- •The mother (R) and the father of the youngest child (N) opposed the application.
- •Uganda is the children's country of origin, where they lived until November 2022.
- •The mother brought the children to the UK in November 2022, breaching a Ugandan court order granting joint custody and prohibiting removal from Uganda without consent.
- •A Ugandan court dissolved the marriage between A and R in September 2022 with a consent order.
- •DNA evidence confirmed N as the biological father of V.
- •The mother alleged domestic abuse against A, which A denies.
- •The court did not conduct a fact-finding inquiry into the abuse allegations.
- •The children expressed a strong wish to remain in the UK.
Legal Principles
Inherent Jurisdiction in non-Hague Convention cases prioritizes the child's welfare.
Re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80
Welfare checklist under s1(3) Children Act 1989 is relevant in inherent jurisdiction cases.
In the Matter of NY (A Child) [2019] UKSC 49
The court considers the child's home country; factors include nationality, place of residence, language, culture, and education.
Re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80
A child's wishes and feelings are considered but their weight depends on their age and understanding.
Case law and common practice
A person may have parental status socially and psychologically even if not a biological parent.
Re G [2006] UKHL 43
Outcomes
The father's application for summary return of the children to Uganda was dismissed.
The court found it was not in the children's best interests to be returned to Uganda due to their integration into UK life, their wishes to remain, the mother's allegations of abuse, and the potential risks they would face in Uganda.