U (Children)

U (Children)

The father's application for summary return was dismissed due to the significant delay in enforcement and the exceptionally strong, unambiguous wishes and feelings of the children to remain in the UK, which together justified extraordinary exercise of jurisdiction contrary to the protocol.

Parties
Applicant Father: Amir U; Respondent Mother: Sameena H
Jurisdiction
England and Wales
Judgment Date
11 November 2014
Procedural Posture
Wardship/child Custody / Final Determination
Outcome
Application dismissed
Legal Topics
Custody, Jurisdiction, Child Welfare, Enforcement of Foreign Orders
Family Law International Child Abduction Custody Jurisdiction Child Welfare Enforcement of Foreign Orders

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Parties

Amir U

Applicant Father

Sameena H

Respondent Mother

Procedural Posture

Wardship/child Custody / Final Determination

Legal Issues

  1. 1 Whether the children should be returned to Pakistan pursuant to a Pakistani custody order
  2. 2 Whether the UK court should exercise jurisdiction under the UK-Pakistan judicial protocol
  3. 3 Impact of delay and children's wishes on enforcement of foreign custody orders

Ratio Decidendi

The father's application for summary return was dismissed due to the significant delay in enforcement and the exceptionally strong, unambiguous wishes and feelings of the children to remain in the UK, which together justified extraordinary exercise of jurisdiction contrary to the protocol.

Court Disposition

Application dismissed

Orders

  • Father's application for return of children to Pakistan dismissed
  • Location order dismissed