L v M

L v M

On the balance of probabilities, the mother was stranded in Country A due to the father’s actions in taking her there without a valid visa, retaining her travel documents, and failing to facilitate her return or maintain her relationship with the children. The children’s habitual residence is England and the welfare issues should be determined in this jurisdiction.

Parties
Applicant Father: L; Respondent Mother: M
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Family / Judgment Following Oral Evidence and Transfer to High Court
Outcome
Mother’s account accepted; father’s application for stay withdrawn; welfare determination to proceed in England.
Legal Topics
Habitual Residence, Summary Return, Contact, Leave to Remove, Stranding, Jurisdictional Dispute
Family Law Child Welfare Jurisdiction Habitual Residence Summary Return Contact Leave to Remove Stranding +1 more

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Parties

L

Applicant Father

M

Respondent Mother

Procedural Posture

Family / Judgment Following Oral Evidence and Transfer to High Court

Legal Issues

  1. 1 Whether the children’s habitual residence is in England
  2. 2 Whether the mother was stranded in Country A by the father
  3. 3 Jurisdiction for welfare determination

Ratio Decidendi

On the balance of probabilities, the mother was stranded in Country A due to the father’s actions in taking her there without a valid visa, retaining her travel documents, and failing to facilitate her return or maintain her relationship with the children. The children’s habitual residence is England and the welfare issues should be determined in this jurisdiction.

Court Disposition

Mother’s account accepted; father’s application for stay withdrawn; welfare determination to proceed in England.

Orders

  • Reasonable contact between mother and children to be agreed with Cafcass.
  • Further directions to be given for hearing on leave to remove and contact applications.