M v F & Ors

M v F & Ors

The father wrongfully removed the children from Afghanistan without the mother's consent, motivated by fear for his and the children's safety. The mother was left behind and not promised a realistic chance to follow. Both parents were mutually abusive; the mother physically and emotionally abused the children, and the father was physically abusive to the mother. The children have not been consciously alienated by the father, but the litigation has polarised their views against the mother.

Parties
Applicant: M; 1st Respondent: F; 2nd & 3rd Respondents: X & T (through their Guardian)
Jurisdiction
England and Wales
Judgment Date
26 March 2025
Procedural Posture
Family / Fact Finding Hearing
Outcome
Findings of fact made; no final orders issued.
Legal Topics
Child Abduction, Child Arrangements, Domestic Abuse, Parental Alienation, Transnational Abandonment
Family Law Child Law Child Abduction Child Arrangements Domestic Abuse 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 / Fact Finding Hearing

Legal Issues

  1. 1 Whether the children were wrongfully removed from Afghanistan
  2. 2 Whether the mother was abandoned and a victim of domestic abuse
  3. 3 Whether the mother abused the children

Ratio Decidendi

The father wrongfully removed the children from Afghanistan without the mother's consent, motivated by fear for his and the children's safety. The mother was left behind and not promised a realistic chance to follow. Both parents were mutually abusive; the mother physically and emotionally abused the children, and the father was physically abusive to the mother. The children have not been consciously alienated by the father, but the litigation has polarised their views against the mother.

Court Disposition

Findings of fact made; no final orders issued.

Orders

  • Matter to return for consequential directions and progression of child arrangement orders on 27 March 2025