C (A Child: Transnational Abandonment: Wardship), Re

C (A Child: Transnational Abandonment: Wardship), Re

C remained habitually resident in England and Wales on 29 September 2025 as his presence in Pakistan was not voluntary or integrated but the result of coercion and stranding by the father. The English court has jurisdiction under s.2(1)(b)(ii) FLA 1986. It is necessary and proportionate to exercise the inherent jurisdiction and make C a ward of court for his immediate protection.

Parties
Applicant: A Mother; Respondent: A Father
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Wardship / Inherent Jurisdiction (family) / Judgment After Fact Finding Hearing
Outcome
Application allowed; child made a ward of court.
Legal Topics
Wardship, Habitual Residence, Transnational Abandonment, Domestic Abuse, Jurisdiction, Parental Responsibility
Family Law Child Law International Private Law Wardship Habitual Residence Transnational Abandonment Domestic Abuse Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A Mother

Applicant

A Father

Respondent

Procedural Posture

Wardship / Inherent Jurisdiction (family) / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the child C was habitually resident in England and Wales on 29 September 2025 for jurisdiction under FLA 1986
  2. 2 Whether the mother and child were stranded in Pakistan and the alleged divorce was genuine
  3. 3 Whether it is necessary and proportionate to exercise the inherent jurisdiction and make C a ward of court

Ratio Decidendi

C remained habitually resident in England and Wales on 29 September 2025 as his presence in Pakistan was not voluntary or integrated but the result of coercion and stranding by the father. The English court has jurisdiction under s.2(1)(b)(ii) FLA 1986. It is necessary and proportionate to exercise the inherent jurisdiction and make C a ward of court for his immediate protection.

Court Disposition

Application allowed; child made a ward of court.

Orders

  • Declaration that the court has jurisdiction under s.2(1)(b)(ii) FLA 1986 to make orders under s.1(1)(a) and s.1(1)(d) FLA 1986
  • C is made a ward of court forthwith; wardship to continue until further order