A v A

A v A

Given the coercive circumstances under which the children remain in Pakistan, the habitual residence of the three older children in England, the British nationality of H, and the father's history of obstruction, the English court is the appropriate forum and orders the immediate return of all four children. The...

Source-derived case information.

Parties
Applicant: A; Respondent: A
Jurisdiction
England and Wales
Judgment Date
07 October 2013
Procedural Posture
Family / Post Remittal Hearing Following Supreme Court Decision
Outcome
Return of children ordered; application for release of funds refused
Legal Topics
Jurisdiction Based on Nationality, Habitual Residence, Child Abduction, Return Orders, Freezing Orders
Family Law International Child Law Jurisdiction Based on Nationality Habitual Residence Child Abduction Return Orders Freezing Orders

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Parties

A

Applicant

A

Respondent

Procedural Posture

Family / Post Remittal Hearing Following Supreme Court Decision

Legal Issues

  1. 1 Whether the English court has jurisdiction to order the return of a British national child (H) who has never been habitually resident in England
  2. 2 Whether funds frozen by court order should be released to the father for living or litigation expenses

Ratio Decidendi

Given the coercive circumstances under which the children remain in Pakistan, the habitual residence of the three older children in England, the British nationality of H, and the father's history of obstruction, the English court is the appropriate forum and orders the immediate return of all four children. The application for release of frozen funds is rejected due to insufficient disclosure and ongoing non-compliance.

Court Disposition

Return of children ordered; application for release of funds refused

Orders

  • Father directed to return all four children to England immediately and take all necessary steps to implement their return
  • Children not to be removed from jurisdiction without court agreement