M v F & Ors

M v F & Ors

The English court holds jurisdiction to make final welfare orders for S because Portuguese proceedings are not actively under consideration and all parties agree welfare should be determined in England; S's welfare requires placement with M due to prior abduction, emotional harm, and the need for honest identity; supervised contact with F, U, and A is necessary due to risk and prior conduct.

Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: U; 3rd Respondent: A; 4th Respondent: S (through his Children’s Guardian, Kay Demery)
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Child Arrangements and Wardship / Final Welfare Determination
Outcome
Child arrangements order placing S with M; supervised/supported contact with F, U, and A; Hague Convention return order set aside; wardship discharged.
Legal Topics
Child Custody, Habitual Residence, Jurisdiction Under Hague Convention, Wardship, Child Arrangements, Parental Responsibility
Family Law International Child Abduction Child Custody Habitual Residence Jurisdiction Under Hague Convention Wardship Child Arrangements Parental Responsibility

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Parties

M

Applicant

F

1st Respondent

U

2nd Respondent

A

3rd Respondent

S (through his Children’s Guardian, Kay Demery)

4th Respondent

Procedural Posture

Child Arrangements and Wardship / Final Welfare Determination

Legal Issues

  1. 1 Jurisdiction for child welfare determination under 1996 Hague Convention
  2. 2 Whether English court can make final welfare orders given Portuguese proceedings
  3. 3 Appropriate arrangements for S's care and contact

Ratio Decidendi

The English court holds jurisdiction to make final welfare orders for S because Portuguese proceedings are not actively under consideration and all parties agree welfare should be determined in England; S's welfare requires placement with M due to prior abduction, emotional harm, and the need for honest identity; supervised contact with F, U, and A is necessary due to risk and prior conduct.

Court Disposition

Child arrangements order placing S with M; supervised/supported contact with F, U, and A; Hague Convention return order set aside; wardship discharged.

Orders

  • S to live with M, implemented immediately.
  • No contact between S and F, U, and A for 6 weeks; thereafter, monthly supervised contact with F and supported contact with U and A at a contact centre, each for 2 hours, costs to be paid by respective parties.