FB v KS [2025] EWHC 827 (Fam) (04 April 2025)

FB v KS [2025] EWHC 827 (Fam) (04 April 2025)

The court found that, although FB perpetrated domestic abuse against KS during their relationship, the risk of ongoing harm to H outside the parental relationship was not established. The Philippines provides an adequate forum for welfare determination and enforcement. The welfare checklist factors, including H's primary connection to the Philippines, her age, and the ability of both parents to participate in proceedings, favour summary return. Orders and undertakings can be made to mitigate risks. The application for H's return to the Philippines is granted.

Citation
[2025] EWHC 827 (Fam)
Parties
Applicant: FB; Respondent: KS
Jurisdiction
England and Wales
Judgment Date
04 April 2025
Procedural Posture
Inherent Jurisdiction Child Summary Return Application (non Hague) / Final Hearing and Judgment
Outcome
Application granted; summary return order made.
Legal Topics
Child Summary Return, Domestic Abuse Findings, Welfare Principle, Jurisdictional Comparison, Enforcement of Foreign Orders
Family Law International Child Law Child Summary Return Domestic Abuse Findings Welfare Principle Jurisdictional Comparison Enforcement of Foreign Orders

Case Brief

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Parties

FB

Applicant

KS

Respondent

Procedural Posture

Inherent Jurisdiction Child Summary Return Application (non Hague) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether H should be summarily returned to the Philippines under the court's inherent jurisdiction
  2. 2 Whether the risk of harm from domestic abuse precludes return
  3. 3 Whether the Philippines offers an effective forum for welfare determination and enforcement

Ratio Decidendi

The court found that, although FB perpetrated domestic abuse against KS during their relationship, the risk of ongoing harm to H outside the parental relationship was not established. The Philippines provides an adequate forum for welfare determination and enforcement. The welfare checklist factors, including H's primary connection to the Philippines, her age, and the ability of both parents to participate in proceedings, favour summary return. Orders and undertakings can be made to mitigate risks. The application for H's return to the Philippines is granted.

Court Disposition

Application granted; summary return order made.

Orders

  • H to be returned to the Philippines forthwith to the care of FB.
  • FB to facilitate ongoing video contact between H and KS and his family.