AH v AMH F (Summary return of child to Sudan)

AH v AMH F (Summary return of child to Sudan)

The father unlawfully retained B in England without the mother's consent, breaching prior court orders. B's habitual residence remained Sudan at the time of retention. The welfare assessment, considering B's connections, wishes, and parental conduct, established that immediate return to Sudan is in B's best interests.

Parties
Applicant: AH; Respondent: AMH
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Wardship / Child Arrangements / Final Hearing
Outcome
Application granted; child to be returned to Sudan.
Legal Topics
Summary Return of Child, Habitual Residence, Custody Rights, Non Convention Country, Welfare Principle
Family Law Child Welfare Summary Return of Child Habitual Residence Custody Rights Non Convention Country Welfare Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

AH

Applicant

AMH

Respondent

Procedural Posture

Wardship / Child Arrangements / Final Hearing

Legal Issues

  1. 1 Should the child B be summarily returned to Sudan?
  2. 2 What are the appropriate child arrangements if not returned?
  3. 3 Was B unlawfully retained in England?

Ratio Decidendi

The father unlawfully retained B in England without the mother's consent, breaching prior court orders. B's habitual residence remained Sudan at the time of retention. The welfare assessment, considering B's connections, wishes, and parental conduct, established that immediate return to Sudan is in B's best interests.

Court Disposition

Application granted; child to be returned to Sudan.

Orders

  • B to be returned to Sudan immediately with his mother.
  • Father to cooperate with the return.