M v F

M v F

S was wrongfully removed from Portugal without M's consent. M did not consent to removal, and Article 13(a) defence fails. Article 13(b) defence fails if M can return to Portugal, but succeeds if she cannot, as S would face intolerable situation without a suitable carer. Return order is made, suspended pending M's ability to re-enter Portugal. Interim contact ordered and welfare arrangements to be considered under inherent jurisdiction.

Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: U; 3rd Respondent: A
Jurisdiction
England and Wales
Judgment Date
01 February 2022
Procedural Posture
Child Abduction and Custody / Judgment After Fact Finding Hearing
Outcome
Order for return of S to Portugal, suspended pending M obtaining visa. Interim unsupervised contact between M and S ordered. Welfare arrangements to be considered if M cannot return to Portugal.
Legal Topics
Hague Convention, Parental Responsibility, Child Custody, Domestic Abuse, Transnational Marriage Abandonment
Family Law International Child Abduction Hague Convention Parental Responsibility Child Custody Domestic Abuse Transnational Marriage Abandonment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

M

Applicant

F

1st Respondent

U

2nd Respondent

A

3rd Respondent

Procedural Posture

Child Abduction and Custody / Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether S was removed from Portugal without M's consent
  2. 2 Whether M was stranded in Pakistan by F and his family
  3. 3 Whether M was subjected to controlling and coercive behaviour

Ratio Decidendi

S was wrongfully removed from Portugal without M's consent. M did not consent to removal, and Article 13(a) defence fails. Article 13(b) defence fails if M can return to Portugal, but succeeds if she cannot, as S would face intolerable situation without a suitable carer. Return order is made, suspended pending M's ability to re-enter Portugal. Interim contact ordered and welfare arrangements to be considered under inherent jurisdiction.

Court Disposition

Order for return of S to Portugal, suspended pending M obtaining visa. Interim unsupervised contact between M and S ordered. Welfare arrangements to be considered if M cannot return to Portugal.

Orders

  • Order for return of S to Portugal, suspended until M obtains visa to re-enter Portugal.
  • Interim unsupervised contact between M and S on Tuesdays, Thursdays, and Saturdays from 1pm-4pm.