AW v KJ

AW v KJ

Ordering the return of E to the jurisdiction would not serve her welfare and best interests, given her settled life with her mother, the absence of contact with her father, and the risk of emotional and psychological harm if separated from her mother.

Source-derived case information.

Parties
Applicant: A W; Respondent: K J
Jurisdiction
England and Wales
Judgment Date
25 June 2018
Procedural Posture
Family / Judgment on Application for Return of Child
Outcome
Application for return of child refused.
Legal Topics
Child Custody, Jurisdiction, Child Removal, Best Interests of the Child
Family Law Child Welfare Child Custody Jurisdiction Child Removal Best Interests of the Child

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Parties

A W

Applicant

K J

Respondent

Procedural Posture

Family / Judgment on Application for Return of Child

Legal Issues

  1. 1 Whether the child E should be returned to the jurisdiction
  2. 2 Whether the welfare and best interests of the child require return
  3. 3 Jurisdictional issues regarding custody proceedings

Ratio Decidendi

Ordering the return of E to the jurisdiction would not serve her welfare and best interests, given her settled life with her mother, the absence of contact with her father, and the risk of emotional and psychological harm if separated from her mother.

Court Disposition

Application for return of child refused.

Orders

  • Father's application under the inherent jurisdiction for return of E is refused.
  • Matter to be listed for a substantive hearing on welfare issues.