E and F (Stranding), Re

E and F (Stranding), Re

The children remain habitually resident in England as their presence in Pakistan is not the result of a consensual or settled relocation but of the father's wrongful retention and actions. The English court has jurisdiction to make orders for their return. It is in the best interests of the children, given their habitual residence, the mother's status as primary carer, and the findings of domestic abuse, that they return to England with their mother.

Parties
Applicant: M; Respondent: F; Second and Third Respondent: E and F
Jurisdiction
England and Wales
Judgment Date
14 November 2024
Procedural Posture
Wardship/child Abduction / Final Judgment
Outcome
Application granted
Legal Topics
Habitual Residence, Jurisdiction, Domestic Abuse, Return of Children, International Judicial Cooperation
Family Law International Child Abduction Habitual Residence Jurisdiction Domestic Abuse Return of Children International Judicial Cooperation

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Parties

M

Applicant

F

Respondent

E and F

Second and Third Respondent

Procedural Posture

Wardship/child Abduction / Final Judgment

Legal Issues

  1. 1 Whether the mother was subject to domestic abuse and whether she and the children were and remain stranded in Pakistan
  2. 2 Whether the children are habitually resident in England now or were at the date of the mother's application
  3. 3 Jurisdiction of the English court over the children

Ratio Decidendi

The children remain habitually resident in England as their presence in Pakistan is not the result of a consensual or settled relocation but of the father's wrongful retention and actions. The English court has jurisdiction to make orders for their return. It is in the best interests of the children, given their habitual residence, the mother's status as primary carer, and the findings of domestic abuse, that they return to England with their mother.

Court Disposition

Application granted

Orders

  • Father to return to the mother her and the children's passports and relevant identity documentation to enable return to England
  • Father to facilitate any necessary steps, including applications to Pakistani courts, to enable the mother and children's return