G and H (Children: Return to Ghana), Re
[2024] EWHC 1453 (Fam)
Re P (Inherent Jurisdiction Return: Return Order: Welfare Analysis)
8 February 2023
[2023] EWHC 225 (Fam)
High Court
A little girl's parents fought over where she should live – the UK or Nigeria. A judge decided it's best for her to go back to Nigeria with her mum, but with lots of rules to keep her and her mum safe from her dad, and make sure she sees her dad regularly.
Key Facts
- •Father applied for the return of his daughter, P, to Nigeria from the UK.
- •Mother resisted the application and had applied for asylum, which was refused but under appeal.
- •Previous fact-finding hearing found the mother had removed P from Nigeria without the father's consent and forged his signature on travel documents.
- •Fact-finding hearing also found the father had engaged in controlling and abusive behaviour towards the mother.
- •The court considered P's welfare paramount.
- •Expert evidence was given on Nigerian law and the mother's mental health.
- •P expressed a desire to remain in the UK and a negative view of her father and Nigeria.
- •The mother expressed severe anxiety about returning to Nigeria due to fears of the father and his family.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, section 1(3)
Holistic welfare evaluation considering all options.
Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882
In domestic abuse cases, consider harm suffered and risk of further harm; ensure safety; consider parent's conduct and impact on child.
Family Procedure Rules 2010, PD12J, paragraphs 35-37
Consider parties' Article 8 and Article 6 ECHR rights, with child's rights prevailing.
European Convention on Human Rights, Articles 8 and 6
Outcomes
Order for P's return to Nigeria with conditions.
On balance, the advantages of return to Nigeria (secure legal status, cultural immersion, meaningful relationship with father) outweigh remaining in the UK (lack of legal status, financial hardship, attenuated relationship with father).