M v F & Ors

M v F & Ors

The father stranded the mother in Pakistan, removed her passport, and separated her from the children, constituting domestic abuse within the meaning of PD12J. The court has no jurisdiction over N, who has never been present in England and is not habitually resident. The court has jurisdiction over the three children in England and must determine their welfare, having made adverse findings against both parents.

Parties
Applicant: M; 1st Respondent: F; 2nd Respondent: L; 3rd Respondent: M; 4th Respondent: N; 5th Respondent: O
Jurisdiction
England and Wales
Judgment Date
16 February 2018
Procedural Posture
Wardship / Fact Finding Judgment
Outcome
Wardship discharged as to N; court retains jurisdiction over L, M, and O; findings of fact made; further welfare orders to be considered.
Legal Topics
Wardship, Child Arrangements, Domestic Abuse, Jurisdiction, Transnational Marriage Abandonment
Family Law Wardship Child Arrangements Domestic Abuse Jurisdiction Transnational Marriage Abandonment

Case Brief

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Parties

M

Applicant

F

1st Respondent

L

2nd Respondent

M

3rd Respondent

N

4th Respondent

O

5th Respondent

Procedural Posture

Wardship / Fact Finding Judgment

Legal Issues

  1. 1 Whether the father stranded the mother in Pakistan and separated her from the children
  2. 2 Whether the mother was subject to controlling behaviour and abuse
  3. 3 Jurisdiction over N who has never been present in England

Ratio Decidendi

The father stranded the mother in Pakistan, removed her passport, and separated her from the children, constituting domestic abuse within the meaning of PD12J. The court has no jurisdiction over N, who has never been present in England and is not habitually resident. The court has jurisdiction over the three children in England and must determine their welfare, having made adverse findings against both parents.

Court Disposition

Wardship discharged as to N; court retains jurisdiction over L, M, and O; findings of fact made; further welfare orders to be considered.

Orders

  • Wardship over N discharged for lack of jurisdiction
  • Court retains jurisdiction over L, M, and O