AB v CD [2025] EWHC 1563 (Fam) (16 June 2025)

AB v CD [2025] EWHC 1563 (Fam) (16 June 2025)

The children, O and P, were habitually resident in Egypt at the relevant dates following a planned family move. The English court therefore lacked substantive jurisdiction under the Family Law Act 1986 and Hague Convention 1996, except for urgent protective measures. The parens patriae jurisdiction was not engaged...

Source-derived case information.

Citation
[2025] EWHC 1563 (Fam)
Parties
Applicant: AB; 1st Respondent: CD; 2nd and 3rd Respondents: O and P (through their Guardian, Lillian Odze)
Jurisdiction
England and Wales
Judgment Date
16 June 2025
Procedural Posture
Children Act/inherent Jurisdiction Cross Applications for Summary Return of Children / Judgment After Summary Hearing
Outcome
Applications for summary return of O and P dismissed.
Legal Topics
Habitual Residence, Jurisdiction of English Courts, Summary Return of Children, Parental Responsibility, Domestic Abuse Allegations, Forum Conveniens, Parens Patriae, Specific Issue Orders
Family Law Private International Law Habitual Residence Jurisdiction of English Courts Summary Return of Children Parental Responsibility Domestic Abuse Allegations Forum Conveniens +2 more

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Parties

AB

Applicant

CD

1st Respondent

O and P (through their Guardian, Lillian Odze)

2nd and 3rd Respondents

Procedural Posture

Children Act/inherent Jurisdiction Cross Applications for Summary Return of Children / Judgment After Summary Hearing

Legal Issues

  1. 1 Whether the children O and P were habitually resident in Egypt or England at the relevant dates
  2. 2 Whether the English court has jurisdiction to order the summary return of either child
  3. 3 Whether the mother was the victim of domestic abuse, coercive and controlling behaviour, or sexual abuse by the father

Ratio Decidendi

The children, O and P, were habitually resident in Egypt at the relevant dates following a planned family move. The English court therefore lacked substantive jurisdiction under the Family Law Act 1986 and Hague Convention 1996, except for urgent protective measures. The parens patriae jurisdiction was not engaged as there were no sufficiently compelling circumstances. The allegations of domestic and sexual abuse by the mother were not substantiated to the required standard. The welfare of the children did not require their summary return to England. The applications for summary return were dismissed.

Court Disposition

Applications for summary return of O and P dismissed.

Orders

  • No order for summary return of O from Egypt to England.
  • No order for summary return of P from England to Egypt.