E and F (Stranding), Re
[2024] EWHC 2901 (Fam)
NG v CJ
8 February 2024
[2024] EWHC 338 (Fam)
High Court
A mother wanted her 3-year-old son back from the UK to Pakistan. The judge decided the child should go back to Pakistan because it's best for him to have a good relationship with both parents, and that was more likely to happen in Pakistan. The father wasn't helping the child see his mother and the judge thought returning the child would improve this.
Key Facts
- •Mother (NG) applied for the return of her 3-year-old son (T) from the UK to Pakistan.
- •T's father (CJ) opposed the application.
- •T came to the UK with his father in July 2023, allegedly without the mother's full consent.
- •The parents' marriage ended in 2022 via Talaq.
- •Serious allegations of physical and sexual abuse were made by the mother against the father.
- •The father had previously been subject to a Section 91(14) order preventing contact with his sons from a previous marriage due to a high risk of harm finding.
- •A Cafcass officer recommended T's return to Pakistan.
- •The court considered a consent form signed by the mother, but also weighed other evidence suggesting a lack of consent for T's removal to the UK.
- •The court considered the father's hostility toward the mother and his demonstrably limited efforts to facilitate contact between T and his mother.
Legal Principles
Welfare of the child is the paramount consideration.
Children Act 1989, s.1(3); Re J (Child Returned Abroad: Convention Rights) [2006] UKHL 40
Summary return orders are possible under the inherent jurisdiction, even without a full investigation of the merits, if it is in the child's best interests.
Re J (Child Returned Abroad: Convention Rights) [2006] UKHL 40
Factors to consider in non-Hague Convention cases include the child's habitual residence, connections to each country, length of time in each country, and the impact on the primary carer.
Re J (Child Returned Abroad: Convention Rights) [2006] UKHL 40
Eight linked questions to consider before making a summary order under the inherent jurisdiction, including sufficiency of evidence, findings required, inquiry into welfare aspects, allegations of abuse, evidence about living arrangements, oral evidence, CAFCASS report, and comparison of judicial systems.
Re NY (A Child) v Reunite International and others [2019] UKSC 49
While the UK-Pakistan Protocol on Children Matters did not strictly apply, the court considered its spirit, which emphasizes the welfare of the child and the importance of the child's habitual residence.
Y v S [2017] EWHC 1020 (Fam)
Outcomes
The court ordered T's return to Pakistan.
Returning T to Pakistan was deemed to be in his best interests, primarily to ensure a meaningful relationship with both parents. The court found that the mother's ability to maintain contact with T in the UK was unrealistic, while the father's hostility towards the mother and lack of commitment to facilitating contact made it unlikely he would do so.