C, Re

C, Re

The English court does not have jurisdiction to order the return of C under the 1996 Hague Convention or Family Law Act 1986 as C was habitually resident in Pakistan at the time of the application. The threshold for exercising the inherent jurisdiction based on nationality is not met because there is no evidence of...

Source-derived case information.

Parties
Applicant: Graham Goodwill; Respondent: M (anonymised)
Jurisdiction
England and Wales
Judgment Date
06 December 2024
Procedural Posture
Family Law Child Abduction / Wardship / Judgment After Final Hearing
Outcome
Applications dismissed
Legal Topics
Habitual Residence, Inherent Jurisdiction, Return Orders, Jurisdictional Thresholds
Family Law International Child Abduction Habitual Residence Inherent Jurisdiction Return Orders Jurisdictional Thresholds

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Parties

Graham Goodwill

Applicant

M (anonymised)

Respondent

Procedural Posture

Family Law Child Abduction / Wardship / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction to order the return of a child wrongfully removed to Pakistan
  2. 2 Whether the threshold for exercising the inherent jurisdiction is met
  3. 3 Whether proceedings in England should be adjourned pending Pakistani proceedings

Ratio Decidendi

The English court does not have jurisdiction to order the return of C under the 1996 Hague Convention or Family Law Act 1986 as C was habitually resident in Pakistan at the time of the application. The threshold for exercising the inherent jurisdiction based on nationality is not met because there is no evidence of risk or peril to C in Pakistan, the applicant delayed seeking relief, and Pakistan is the appropriate forum. Any order would be futile as enforcement is unlikely. Proceedings in England are therefore dismissed.

Court Disposition

Applications dismissed

Orders

  • The inherent jurisdiction application in the High Court is dismissed.
  • The private law Children Act application in the Nottingham Family Court is dismissed.