JKL (Children : Transnational Abandonment : Interim Order)

JKL (Children : Transnational Abandonment : Interim Order)

The court found, on a balance of probabilities, that the mother and children were victims of transnational abandonment, the removal and retention in Pakistan was wrongful, and the English court has jurisdiction under Article 10 of Brussels IIa. The children's urgent emotional needs require their immediate return to England, and the father's passport should not be returned until the children are safely in England.

Parties
Applicant: AA; Respondent: BB
Jurisdiction
England and Wales
Judgment Date
18 September 2020
Procedural Posture
Wardship Proceedings / Interim Judgment on Adjournment and Interim Orders
Outcome
Interim order for immediate return of the children to England; father's application for return of passport refused.
Legal Topics
Transnational Abandonment, Jurisdiction, Child Welfare, Habitual Residence, Parens Patriae, Interim Orders
Family Law International Child Law Transnational Abandonment Jurisdiction Child Welfare Habitual Residence Parens Patriae Interim Orders

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Parties

AA

Applicant

BB

Respondent

Procedural Posture

Wardship Proceedings / Interim Judgment on Adjournment and Interim Orders

Legal Issues

  1. 1 Whether the English court has jurisdiction over the children
  2. 2 Whether the removal or retention of the children in Pakistan was wrongful
  3. 3 Whether an interim return order should be made for the children to England

Ratio Decidendi

The court found, on a balance of probabilities, that the mother and children were victims of transnational abandonment, the removal and retention in Pakistan was wrongful, and the English court has jurisdiction under Article 10 of Brussels IIa. The children's urgent emotional needs require their immediate return to England, and the father's passport should not be returned until the children are safely in England.

Court Disposition

Interim order for immediate return of the children to England; father's application for return of passport refused.

Orders

  • Children to be returned to England immediately; practical arrangements to be determined.
  • Father's passport to remain withheld until children are returned to England.