T v V & Anor

T v V & Anor

England and Wales is the appropriate forum for determining the children's upbringing due to their substantial connection, lack of integration in Iran, and ability to effectively represent their wishes and welfare in this jurisdiction. The summary return of both children is ordered as it is in their best interests, giving effect to W's Gillick-competent wishes and X's consistent welfare needs. The father retains control of the children's passports and must facilitate their return.

Parties
Applicant Mother: T; Respondent Father: V; Second Respondent Child: W (A Child)
Jurisdiction
England and Wales
Judgment Date
12 December 2022
Procedural Posture
Family / Judgment on Application for Inward Return Order
Outcome
Summary return of both children to England and Wales ordered.
Legal Topics
Jurisdiction, Summary Return, Children's Wishes, Gillick Competence, Passport Orders
Family Law Child Welfare International Child Abduction Jurisdiction Summary Return Children's Wishes Gillick Competence Passport Orders

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Parties

T

Applicant Mother

V

Respondent Father

W (A Child)

Second Respondent Child

Procedural Posture

Family / Judgment on Application for Inward Return Order

Legal Issues

  1. 1 Whether England and Wales is the appropriate forum for determining the children's upbringing
  2. 2 Whether summary return of the children to England and Wales should be ordered
  3. 3 Whether to discharge or continue passport orders

Ratio Decidendi

England and Wales is the appropriate forum for determining the children's upbringing due to their substantial connection, lack of integration in Iran, and ability to effectively represent their wishes and welfare in this jurisdiction. The summary return of both children is ordered as it is in their best interests, giving effect to W's Gillick-competent wishes and X's consistent welfare needs. The father retains control of the children's passports and must facilitate their return.

Court Disposition

Summary return of both children to England and Wales ordered.

Orders

  • Father to cause the children to be returned to England and Wales by midnight on Friday.
  • Father to execute and have notarised all requests and permissions required by Iranian authorities or mother's solicitors to effect the return.