Key Facts
- •Application for return of two children (G, 13, and H, 7) to Ghana under the court's inherent jurisdiction.
- •Children habitually resident in Ghana before being taken to England by their mother.
- •Mother relocated to England for a job opportunity without the father's consent, breaching Ghanaian court orders.
- •Mother alleges domestic abuse against the father, which he denies; finding of fact hearing refused.
- •Children have frequent indirect contact with the father but haven't seen him in person since leaving Ghana.
- •Children's visas expire in November 2024.
Legal Principles
In non-Hague Convention cases, the court must act in accordance with the child's welfare. Summary return is a possibility but not automatic.
Re J (A Child) (Child Returned Abroad: Convention Rights) [2005] UKHL 40; Re A and B [2022] EWCA Civ 1664
The court considers various factors, including the child's connection to each country, length of time spent in each country, and the impact of different legal systems.
Re J (A Child) (Child Returned Abroad: Convention Rights) [2005] UKHL 40
The court's paramount consideration is the child's welfare. Allegations of domestic abuse are relevant but not necessarily decisive, and the extent of investigation is at the court's discretion.
Re A and B [2022] EWCA Civ 1664; Re H-N [2021] EWCA Civ 478; K v K [2022] EWCA Civ 468; FPR PD 12F and 12J
The court considers the relevance and proportionality of a finding of fact hearing in relation to the specific issues before it.
Fact Finding Hearings and Domestic Abuse in Private Law Children Proceedings – Guidance for Judges and Magistrates
Outcomes
Father's application for the children's return to Ghana is granted.
Balancing the children's strong ties to Ghana, the clandestine nature of their removal, the mother's unwillingness to return, and G's expressed wish to stay in England, the court concludes that a return to Ghana is in the children's best interests. The Ghanaian courts are better placed to determine long-term arrangements.
Finding of fact hearing regarding allegations of domestic abuse is refused.
The allegations are not considered highly relevant to the decision on return, and a hearing would cause unnecessary delay.
Return to Ghana to be effected after completion of the current school year (July 2024).
To minimize disruption to the children's education.