FB v KS

FB v KS

The balance of welfare considerations favours H's return to the Philippines. The risk of emotional harm to H from FB is primarily linked to the now-ended parental relationship and is not sufficient to outweigh the benefits of return. The Philippines provides an adequate forum for determining H's long-term welfare, and FB has offered undertakings to mitigate risks. The court is satisfied that H's best interests are served by a return order with safeguards for KS's contact and participation.

Parties
Applicant: FB; Respondent: KS
Jurisdiction
England and Wales
Judgment Date
04 April 2025
Procedural Posture
Child Welfare / Summary Return (non Hague) / Final Hearing and Judgment
Outcome
Application granted; summary return order made
Legal Topics
Summary Return of Child, Domestic Abuse, Jurisdictional Comparison, Welfare Principle, Parental Responsibility
Family Law Child Law Summary Return of Child Domestic Abuse Jurisdictional Comparison Welfare Principle Parental Responsibility

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Parties

FB

Applicant

KS

Respondent

Procedural Posture

Child Welfare / Summary Return (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 FB poses a real risk of emotional harm to H if returned to her care
  3. 3 Whether the Philippines provides an effective forum for determining H's long-term welfare

Ratio Decidendi

The balance of welfare considerations favours H's return to the Philippines. The risk of emotional harm to H from FB is primarily linked to the now-ended parental relationship and is not sufficient to outweigh the benefits of return. The Philippines provides an adequate forum for determining H's long-term welfare, and FB has offered undertakings to mitigate risks. The court is satisfied that H's best interests are served by a return order with safeguards for KS's contact and participation.

Court Disposition

Application granted; summary return order made

Orders

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