I (Wardship: Removal From Country of Habitual Residence: Welfare) [2014] EWHC 3163 (Fam) (15 August 2014)

I (Wardship: Removal From Country of Habitual Residence: Welfare) [2014] EWHC 3163 (Fam) (15 August 2014)

The children were removed from Pakistan to England without the mother's consent; the removals were unilateral and unlawful. The mother was forcibly separated from the children and evicted from the family home. Despite the mother's commitment, the children's welfare now requires continued residence with the father due to their settled status and progress, but arrangements must be made to rebuild their relationship with the mother through shared parenting and increased contact.

Citation
[2014] EWHC 3163 (Fam)
Parties
Applicant Mother: Mehvish Chaudhry; Respondent Father: Katy Chokowry; Children's Guardian Advocate: Paul Hepher
Jurisdiction
England and Wales
Judgment Date
15 August 2014
Procedural Posture
Wardship / Final Substantive Hearing
Outcome
Children to remain living with father; shared parenting and increased contact with mother ordered.
Legal Topics
Wardship, Child Welfare, Removal From Country of Habitual Residence, Parental Consent, Domestic Violence, Contact Arrangements
Family Law Wardship Child Welfare Removal From Country of Habitual Residence Parental Consent Domestic Violence Contact Arrangements

Case Brief

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Parties

Mehvish Chaudhry

Applicant Mother

Katy Chokowry

Respondent Father

Paul Hepher

Children's Guardian Advocate

Procedural Posture

Wardship / Final Substantive Hearing

Legal Issues

  1. 1 Whether the mother consented to the children's removal from Pakistan to England in 2011 and 2012
  2. 2 Whether the mother was forcibly separated from the children and evicted from the family home
  3. 3 Whether the mother is committed to the children and their welfare

Ratio Decidendi

The children were removed from Pakistan to England without the mother's consent; the removals were unilateral and unlawful. The mother was forcibly separated from the children and evicted from the family home. Despite the mother's commitment, the children's welfare now requires continued residence with the father due to their settled status and progress, but arrangements must be made to rebuild their relationship with the mother through shared parenting and increased contact.

Court Disposition

Children to remain living with father; shared parenting and increased contact with mother ordered.

Orders

  • Father and mother to share parenting responsibilities and decision-making.
  • Children to spend every other weekend and half the holidays with the mother.