S (Private Law: Fact Finding) (No.1), Re
[2024] EWFC 156 (B)
Re G (Inherent Jurisdiction Return: Allegations of Domestic Abuse: Fact Finding)
21 December 2022
[2022] EWHC 3284 (Fam)
High Court
Mom said Dad and his family abused her and her son, and that's why they ran away to the UK. The judge looked at all the evidence, including secret videos, and decided Mom wasn't telling the truth. Mom secretly planned the trip and used fake passports. Now, the judge will decide what's best for the son.
Key Facts
- •11-year-old G, a national of country X, lives with his mother in the UK after leaving country X in October 2020.
- •Father, also from country X, applied for G's summary return to country X under the inherent jurisdiction.
- •Mother opposed the application, alleging domestic abuse by the father and abuse of G by the father and paternal uncle.
- •Mother and G were granted asylum in the UK in March 2022.
- •The court conducted a fact-finding hearing to determine the veracity of the abuse allegations.
- •The court considered CCTV footage, witness testimonies, and expert evidence.
Legal Principles
The court's paramount consideration is the child's welfare.
Re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80
The court has the power to order a child's return to a foreign jurisdiction without a full investigation.
Re J (A Child) (Custody Rights: Jurisdiction) [2006] 1 AC 80
In determining applications under the inherent jurisdiction, the court should consider the welfare checklist in s1(3) of the Children Act 1989.
In the Matter of NY (A Child) [2019] UKSC 49
The court should consider various factors before exercising its inherent jurisdiction to return a child, including the sufficiency of evidence, the need for an enquiry, and the powers of the courts in both jurisdictions.
In the Matter of NY (A Child) [2019] UKSC 49
Allegations of domestic abuse are assessed according to the definitions in Practice Direction 12J.
Practice Direction 12J of the Family Procedure Rules 2010
The burden of proof in fact-finding hearings is on the person making the allegation; the standard is the balance of probabilities.
Re B-B (Domestic Abuse: Fact-Finding) [2022] EWHC 108 (Fam)
Outcomes
The court rejected the mother's allegations of domestic abuse and abuse of G.
The court found the mother's evidence to be largely untruthful and fabricated, inconsistent with other evidence (CCTV, witness testimonies, expert reports).
The court found that the mother and G left country X by plane on October 9, 2020, using passports belonging to other people.
This finding was supported by CCTV footage, airline records, and expert image analysis.
The father's application for G's return to country X was considered, but the court's decision on this is not included in the provided judgment.
The judgment focuses on the fact-finding hearing; the welfare hearing to determine G's best interests was to be held separately.