J, K, and L (Children) (Transnational Abandonment)

J, K, and L (Children) (Transnational Abandonment)

The court found, on the balance of probabilities, that the father engaged in a pattern of domestic abuse and controlling behaviour against the mother, including physical violence, financial control, covert surveillance, and transnational abandonment of the mother and children in Pakistan. The father's evidence was found to be dishonest and unreliable. The mother's allegations (except for the use of implements) were proved. None of the father's allegations against the mother were proved.

Parties
Applicant: Anonymous Mother; Respondent: Anonymous Father
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Family / Judgment After Fact Finding Hearing
Outcome
Mother's allegations (except use of implements) proved; father's allegations dismissed.
Legal Topics
Domestic Abuse, Transnational Marriage Abandonment, Child Arrangements, Wardship, Controlling and Coercive Behaviour
Family Law Child Law Domestic Abuse Transnational Marriage Abandonment Child Arrangements Wardship Controlling and Coercive Behaviour

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 4 Authorities cited 19 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Anonymous Mother

Applicant

Anonymous Father

Respondent

Procedural Posture

Family / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the father engaged in domestic abuse and controlling behaviour against the mother and children
  2. 2 Whether the mother and children were abandoned/stranded in Pakistan by the father
  3. 3 Whether the mother engaged in violence or controlling behaviour against the father or children

Ratio Decidendi

The court found, on the balance of probabilities, that the father engaged in a pattern of domestic abuse and controlling behaviour against the mother, including physical violence, financial control, covert surveillance, and transnational abandonment of the mother and children in Pakistan. The father's evidence was found to be dishonest and unreliable. The mother's allegations (except for the use of implements) were proved. None of the father's allegations against the mother were proved.

Court Disposition

Mother's allegations (except use of implements) proved; father's allegations dismissed.

Orders

  • Findings of fact as set out in the judgment; parties to draft a schedule of findings and directions for further proceedings.