U (Children) [2014] EWHC 4535 (Fam) (11 November 2014)

U (Children) [2014] EWHC 4535 (Fam) (11 November 2014)

The application for summary return of the children to Pakistan is dismissed due to the significant delay in seeking enforcement of the Pakistani custody order and the exceptionally strong and consistent wishes and feelings of the children to remain in the UK, which together constitute exceptional circumstances...

Source-derived case information.

Citation
[2014] EWHC 4535 (Fam)
Parties
Applicant Father: Amir U; Respondent Mother: Sameena H
Jurisdiction
England and Wales
Judgment Date
11 November 2014
Procedural Posture
Wardship/child Custody / Final Hearing and Judgment
Outcome
Application dismissed
Legal Topics
Wardship, Enforcement of Foreign Custody Orders, Jurisdiction, Children's Welfare, Delay in Enforcement, Protocol Between UK and Pakistan
Family Law International Child Abduction Wardship Enforcement of Foreign Custody Orders Jurisdiction Children's Welfare Delay in Enforcement Protocol Between UK and Pakistan

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Parties

Amir U

Applicant Father

Sameena H

Respondent Mother

Procedural Posture

Wardship/child Custody / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the UK court should enforce a Pakistani custody order and order the return of the children to Pakistan
  2. 2 Whether the delay in enforcement and the children's wishes justify refusal of summary return
  3. 3 Whether the protocol between UK and Pakistan requires return in these circumstances

Ratio Decidendi

The application for summary return of the children to Pakistan is dismissed due to the significant delay in seeking enforcement of the Pakistani custody order and the exceptionally strong and consistent wishes and feelings of the children to remain in the UK, which together constitute exceptional circumstances justifying the UK court's exercise of jurisdiction and refusal to order return under the protocol.

Court Disposition

Application dismissed

Orders

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