H v N (Inherent Jurisdiction Refusal of Reutrn Order)

H v N (Inherent Jurisdiction Refusal of Reutrn Order)

It is not in the best interests of any of the children for a summary return order to Pakistan to be made under the inherent jurisdiction, given their strong and consistent opposition to return, the history and risk of domestic abuse, the settled circumstances and education in England, and the likely emotional harm and destabilisation that would result from a forced return.

Parties
Applicant: H; Respondent: N
Jurisdiction
England and Wales
Judgment Date
16 July 2020
Procedural Posture
Inherent Jurisdiction Application for Summary Return of Children / Final Judgment
Outcome
Application dismissed
Legal Topics
Inherent Jurisdiction, Summary Return of Children, Habitual Residence, Welfare Principle, Domestic Abuse, Jurisdiction Under Family Law Act 1986
Family Law International Child Abduction Inherent Jurisdiction Summary Return of Children Habitual Residence Welfare Principle Domestic Abuse Jurisdiction Under Family Law Act 1986

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Parties

H

Applicant

N

Respondent

Procedural Posture

Inherent Jurisdiction Application for Summary Return of Children / Final Judgment

Legal Issues

  1. 1 Whether it is in the best interests of the children to order their summary return to Pakistan under the inherent jurisdiction of the High Court
  2. 2 Whether the children were habitually resident in Pakistan or England at relevant times
  3. 3 Impact of allegations of domestic abuse on the welfare assessment

Ratio Decidendi

It is not in the best interests of any of the children for a summary return order to Pakistan to be made under the inherent jurisdiction, given their strong and consistent opposition to return, the history and risk of domestic abuse, the settled circumstances and education in England, and the likely emotional harm and destabilisation that would result from a forced return.

Court Disposition

Application dismissed

Orders

  • Father's application for summary return of the children to Pakistan is dismissed.
  • Stay on Children Act 1989 proceedings is lifted and the matter is to be listed before the Family Court for further directions.