M v F & Ors [2025] EWHC 728 (Fam) (04 March 2025)

M v F & Ors [2025] EWHC 728 (Fam) (04 March 2025)

The court found, on the balance of probabilities, that the father wrongfully removed the children from Afghanistan without the mother's consent, that the mother was left behind (but not as part of a plan for her to follow), that both parents were mutually abusive (the father physically, the mother verbally), and that the mother did emotionally and physically abuse the children. There was no conscious alienation by the father, but the litigation had a polarising effect on the children's relationship with their mother.

Citation
[2025] EWHC 728 (Fam)
Parties
Applicant: M; 1st Respondent: F; 2nd & 3rd Respondents: X & T (through their Guardian)
Jurisdiction
England and Wales
Judgment Date
04 March 2025
Procedural Posture
Family Law Child Arrangements / Fact Finding Hearing
Outcome
Findings of fact made; matter to return for consequential directions and child arrangement orders.
Legal Topics
Child Abduction, Domestic Abuse, Child Arrangements, Parental Alienation, Transnational Abandonment
Family Law Child Abduction Domestic Abuse Child Arrangements Parental Alienation Transnational Abandonment

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Parties

M

Applicant

F

1st Respondent

X & T (through their Guardian)

2nd & 3rd Respondents

Procedural Posture

Family Law Child Arrangements / Fact Finding Hearing

Legal Issues

  1. 1 Whether the children were wrongfully removed from Afghanistan without the mother's consent
  2. 2 Whether the mother was a victim of domestic abuse by the father
  3. 3 Whether the mother was abandoned in Afghanistan

Ratio Decidendi

The court found, on the balance of probabilities, that the father wrongfully removed the children from Afghanistan without the mother's consent, that the mother was left behind (but not as part of a plan for her to follow), that both parents were mutually abusive (the father physically, the mother verbally), and that the mother did emotionally and physically abuse the children. There was no conscious alienation by the father, but the litigation had a polarising effect on the children's relationship with their mother.

Court Disposition

Findings of fact made; matter to return for consequential directions and child arrangement orders.

Orders

  • Matter listed for further hearing on 27 March 2025 to consider consequential matters and directions for child arrangement orders.