S (Wardship: Summary return: non-Convention country)

S (Wardship: Summary return: non-Convention country)

The court found that S was wrongfully removed from his habitual residence in the UAE by the father, that the child has the strongest possible connection to the UAE, and that his welfare overwhelmingly requires his immediate return with the mother. The court dismissed the need for further expert evidence and found the father's actions to have been calculated to prevent litigation in the UAE. The welfare assessment, considering S's emotional harm from separation and his primary attachment to the mother, decisively favoured return.

Parties
Applicant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Wardship / Child Abduction (non Convention) / Judgment After Summary Return Application
Outcome
Application for summary return granted
Legal Topics
Wardship, Summary Return, Jurisdiction, Child Welfare, Habitual Residence
Family Law International Child Abduction Wardship Summary Return Jurisdiction Child Welfare Habitual Residence

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Parties

A

Applicant

B

Respondent

Procedural Posture

Wardship / Child Abduction (non Convention) / Judgment After Summary Return Application

Legal Issues

  1. 1 Whether the child S should be summarily returned to the UAE under wardship jurisdiction in a non-Hague Convention case
  2. 2 Whether the removal of S from the UAE by the father was wrongful
  3. 3 Whether the welfare of S requires his return to the UAE

Ratio Decidendi

The court found that S was wrongfully removed from his habitual residence in the UAE by the father, that the child has the strongest possible connection to the UAE, and that his welfare overwhelmingly requires his immediate return with the mother. The court dismissed the need for further expert evidence and found the father's actions to have been calculated to prevent litigation in the UAE. The welfare assessment, considering S's emotional harm from separation and his primary attachment to the mother, decisively favoured return.

Court Disposition

Application for summary return granted

Orders

  • S to be returned to the UAE with the mother as swiftly as can be arranged
  • Application for adjournment and expert evidence dismissed