S v S

S v S

The court found that there were no reliable or enforceable safeguards to protect the child and mother if returned to Iran, given the father's manipulative and controlling behaviour and the risk of Iranian courts not upholding agreements or English court orders. The child's welfare required her to remain in England with her mother, subject to appropriate contact with the father.

Parties
Mother: S; Father: S
Jurisdiction
England and Wales
Judgment Date
12 July 2017
Procedural Posture
Children's Case / Final Judgment
Outcome
Father's application for return of the child to Iran dismissed; residence with mother confirmed.
Legal Topics
Child Residence, International Child Relocation, Contact Arrangements, Wardship, Domestic Violence
Family Law Child Residence International Child Relocation Contact Arrangements Wardship Domestic Violence

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Parties

S

Mother

S

Father

Procedural Posture

Children's Case / Final Judgment

Legal Issues

  1. 1 Whether the child A should be returned to Iran
  2. 2 Whether sufficient safeguards exist for the child's welfare if returned to Iran
  3. 3 Nature of parental relationship and impact on child

Ratio Decidendi

The court found that there were no reliable or enforceable safeguards to protect the child and mother if returned to Iran, given the father's manipulative and controlling behaviour and the risk of Iranian courts not upholding agreements or English court orders. The child's welfare required her to remain in England with her mother, subject to appropriate contact with the father.

Court Disposition

Father's application for return of the child to Iran dismissed; residence with mother confirmed.

Orders

  • Child A to remain resident with her mother in England
  • Appropriate contact between father and child by Skype and in person, subject to safeguards