AH v AMH F (Summary return of child to Sudan) [2018] EWHC 2981 (Fam) (19 October 2018)

The child B was habitually resident in Sudan at the time of his removal; the father's unilateral retention was unlawful and contrary to the child's welfare; immediate return to Sudan is in B's best interests, given his strong ties, culture, and emotional needs, and the mother's ability to meet those needs.

Citation: [2018] EWHC 2981 (Fam)
Parties: Applicant (mother): AH; Respondent (father): AMH
Jurisdiction: England and Wales
Judgment Date: 19 October 2018
Procedural Posture: Wardship / Child Arrangements / Final Hearing
Outcome: Application granted; child to be returned to Sudan.
Legal Topics: Summary Return of Child, Habitual Residence, Child Welfare, Non Convention Country, Parental Consent, Unlawful Retention

Family Law International Child Law Summary Return of Child Habitual Residence Child Welfare Non Convention Country Parental Consent Unlawful Retention

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Parties

Applicant (mother)

AMH

Respondent (father)

Procedural Posture

Wardship / Child Arrangements / Final Hearing

Legal Issues

1 Should the child B be summarily returned to Sudan?
2 Was B unlawfully retained in England?
3 What are the appropriate child arrangements if not returned?

Ratio Decidendi

Court Disposition

Application granted; child to be returned to Sudan.

Orders

Immediate return of B to Sudan with mother.
Father to cooperate with return.