Re P (Inherent Jurisdiction Return: Allegations of Female Genital Mutilation and Domestic Abuse: Fact Finding)

Re P (Inherent Jurisdiction Return: Allegations of Female Genital Mutilation and Domestic Abuse: Fact Finding)

The mother removed P from Nigeria without the father's consent, using a forged letter of consent. The mother has not established, on the balance of probabilities, that the father threatened to have FGM performed on P, either on 4 January 2020 or previously. The father engaged in controlling behaviour and one...

Source-derived case information.

Parties
Applicant: Father; Respondent: Mother; Child: P
Jurisdiction
England and Wales
Judgment Date
04 July 2022
Procedural Posture
Inherent Jurisdiction Return (family Division) / Fact Finding Judgment
Outcome
Fact finding judgment; no final return order made at this stage.
Legal Topics
Inherent Jurisdiction, Female Genital Mutilation (fgm), Domestic Abuse, Child Welfare, Asylum, Controlling Behaviour, Expert Evidence
Family Law Child Protection International Child Abduction Immigration Law Inherent Jurisdiction Female Genital Mutilation (fgm) Domestic Abuse Child Welfare +3 more

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Parties

Father

Applicant

Mother

Respondent

P

Child

Procedural Posture

Inherent Jurisdiction Return (family Division) / Fact Finding Judgment

Legal Issues

  1. 1 Whether the mother abducted P from Nigeria without the father's consent
  2. 2 Whether the father threatened to subject P to FGM
  3. 3 Whether the father engaged in controlling and abusive behaviour

Ratio Decidendi

The mother removed P from Nigeria without the father's consent, using a forged letter of consent. The mother has not established, on the balance of probabilities, that the father threatened to have FGM performed on P, either on 4 January 2020 or previously. The father engaged in controlling behaviour and one incident of physical abuse, but the allegations of FGM are not proven. The risk of FGM to P is not established based on the evidence. The court will not make a return order at this stage, pending further welfare submissions and the outcome of the asylum appeal.

Court Disposition

Fact finding judgment; no final return order made at this stage.

Orders

  • Schedule of findings issued as to allegations by both parents.
  • Further welfare hearing to be timetabled after submissions on practical arrangements for P's return and mirror orders in Nigeria.