A v B & Ors [2025] EWHC 3342 (Fam) (27 November 2025)

A v B & Ors [2025] EWHC 3342 (Fam) (27 November 2025)

The children, Y and Z, were habitually resident in Dubai by summer 2025, having severed day-to-day ties with England. The Dubai court's ability to protect the children is uncertain due to the father's pursuit of immorality allegations and lack of support for the mother. The inherent jurisdiction is exercised for summary return to England and Wales for the children's protection, especially given Y's vulnerability and Z's young age.

Citation
[2025] EWHC 3342 (Fam)
Parties
Applicant: A; First Respondent: B; Second and Third Respondents: Y and Z (via their Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
27 November 2025
Procedural Posture
Family Law Summary Return and Forced Marriage Protection Order / Final Judgment
Outcome
Summary return of children to England and Wales ordered; forced marriage protection order granted by consent.
Legal Topics
Habitual Residence, Inherent Jurisdiction, Forced Marriage Protection, Custody, Domestic Abuse
Family Law International Child Abduction Child Protection Habitual Residence Inherent Jurisdiction Forced Marriage Protection Custody Domestic Abuse

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Parties

A

Applicant

B

First Respondent

Y and Z (via their Children's Guardian)

Second and Third Respondents

Procedural Posture

Family Law Summary Return and Forced Marriage Protection Order / Final Judgment

Legal Issues

  1. 1 Whether Y and Z are habitually resident in Dubai or England and Wales
  2. 2 Whether the court should exercise inherent jurisdiction to order summary return for child protection
  3. 3 Whether a forced marriage protection order is warranted

Ratio Decidendi

The children, Y and Z, were habitually resident in Dubai by summer 2025, having severed day-to-day ties with England. The Dubai court's ability to protect the children is uncertain due to the father's pursuit of immorality allegations and lack of support for the mother. The inherent jurisdiction is exercised for summary return to England and Wales for the children's protection, especially given Y's vulnerability and Z's young age.

Court Disposition

Summary return of children to England and Wales ordered; forced marriage protection order granted by consent.

Orders

  • Y and Z to be returned to England and Wales forthwith.
  • Forced marriage protection order in respect of Y.