S (A Child) (Disclosure to SSHD), Re

S (A Child) (Disclosure to SSHD), Re

The court accepted the respondent's undertaking to provide any immigration application she makes to the SSHD to the applicant and the court, and adjourned the applicant's disclosure application. Disclosure was not proportionate or necessary at this stage, as no application had yet been made to the SSHD and the respondent's evidence was untested. The court found that the undertaking sufficiently protected the administration of justice and public policy interests, and that the applicant had no standing to interfere in the respondent's immigration application absent further developments.

Parties
Applicant: BD; Respondent: MN
Jurisdiction
England and Wales
Judgment Date
18 December 2025
Procedural Posture
Family (schedule 1 Children Act 1989) / Interlocutory Application for Disclosure to Secretary of State for the Home Department; Adjournment Decision
Outcome
Application for disclosure adjourned; respondent's undertaking accepted.
Legal Topics
Disclosure of Family Court Documents, Jurisdiction in Child Proceedings, Habitual Residence, Public Policy in Disclosure, Immigration Status and Family Proceedings
Family Law Immigration Law Disclosure of Family Court Documents Jurisdiction in Child Proceedings Habitual Residence Public Policy in Disclosure Immigration Status and Family Proceedings

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Parties

BD

Applicant

MN

Respondent

Procedural Posture

Family (schedule 1 Children Act 1989) / Interlocutory Application for Disclosure to Secretary of State for the Home Department; Adjournment Decision

Legal Issues

  1. 1 Whether to permit disclosure of respondent's family court documents to the Secretary of State for the Home Department
  2. 2 Whether the respondent's undertaking to provide her immigration application suffices to protect the administration of justice
  3. 3 Jurisdiction and habitual residence of the child S

Ratio Decidendi

The court accepted the respondent's undertaking to provide any immigration application she makes to the SSHD to the applicant and the court, and adjourned the applicant's disclosure application. Disclosure was not proportionate or necessary at this stage, as no application had yet been made to the SSHD and the respondent's evidence was untested. The court found that the undertaking sufficiently protected the administration of justice and public policy interests, and that the applicant had no standing to interfere in the respondent's immigration application absent further developments.

Court Disposition

Application for disclosure adjourned; respondent's undertaking accepted.

Orders

  • Respondent to provide any immigration application to the applicant and the court immediately upon filing.
  • Application for disclosure to SSHD adjourned to February 2026 hearing.