NG v CJ
[2024] EWHC 338 (Fam)
SA v AA
2 August 2023
[2023] EWHC 2016 (Fam)
High Court
A mom wants her kids back from Somaliland. The dad took them there, and the mom says she was tricked. The judge believes the mom and says the kids, who are unhappy, need to come home because of the dangers of forced marriage and female genital mutilation. The kids are coming back to the UK.
Key Facts
- •SA (Mother) applied for the return of her three children, BA, CA, and DA, from Somaliland to the UK.
- •Children are British citizens.
- •Concerns raised regarding CA's potential exposure to FGM and/or forced marriage.
- •Mother has limited cognitive abilities.
- •Father took children to Somaliland in August 2022, allegedly with Mother's consent.
- •Mother claims she was tricked into signing a relocation consent form, believing it was a passport consent form.
- •Children reportedly unhappy in Somaliland and wish to return to the UK.
- •Father gave evidence via video link from Somaliland due to solicitor's failure to secure necessary permissions.
- •Father's evidence deemed unreliable due to contradictions and lack of supporting evidence.
Legal Principles
Applications for return orders can be framed as specific issue orders under section 8 of the Children Act 1989, unless exceptionality is demonstrated.
Re NY (A Child) 2019 UKSC 49
Jurisdiction to make orders regarding children is determined by the Hague Convention or, if inapplicable, section 3 of the Family Law Act 1986 (habitual residence).
Family Law Act 1986, section 2(1)
The High Court retains jurisdiction in cases of wrongful removal or retention of a child, unless certain conditions are met (acquiescence, 1 year residence, etc.).
Hague Convention, Article 7
In considering return orders, the child's welfare is paramount, taking into account their wishes and feelings.
Children Act 1989, section 1(1)
Outcomes
Return order granted for all three children.
Children's welfare is paramount; they wish to return to the UK; concerns about CA's safety in Somaliland regarding FGM and forced marriage; insufficient evidence that children have acquired habitual residence in Somaliland.
Forced marriage protection order and FGM protection order made for CA.
Significant risk of forced marriage and FGM in Somaliland.