A, B, C and F (Children)

A, B, C and F (Children)

The English court retains jurisdiction under Article 10 of BIIR because the children were wrongfully retained in Somalia by the father without the mother's agreement, and have not acquired habitual residence in another Member State. The court should exercise this jurisdiction and order the return of the children to England, as it is overwhelmingly in their best interests given the father's manipulative conduct, the instability and emotional harm suffered, and the need for the children to be reunited with their mother and siblings in a stable environment.

Parties
Applicant: MA; Respondent: MN; Respondents: A, B, C and F (wards of the court, by their Guardian HC)
Jurisdiction
England and Wales
Judgment Date
16 December 2015
Procedural Posture
Wardship/family Law (child Abduction/retention) / Final Judgment After Contested Hearing
Outcome
Orders made for the return of the three children in Somalia to England to reside with the mother; father ordered to cooperate in facilitating their return.
Legal Topics
Wardship, Habitual Residence, Wrongful Retention, Jurisdiction Under Brussels II Revised (biir), Return of Children, Parental Responsibility
Family Law International Child Abduction Jurisdiction Wardship Habitual Residence Wrongful Retention Jurisdiction Under Brussels II Revised (biir) Return of Children +1 more

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Parties

MA

Applicant

MN

Respondent

A, B, C and F (wards of the court, by their Guardian HC)

Respondents

Procedural Posture

Wardship/family Law (child Abduction/retention) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction to order the return of children wrongfully retained in Somalia by the father
  2. 2 Whether the court should exercise its jurisdiction to order the return of the children to England
  3. 3 Assessment of the credibility of the parents' accounts regarding the children's removal and retention

Ratio Decidendi

The English court retains jurisdiction under Article 10 of BIIR because the children were wrongfully retained in Somalia by the father without the mother's agreement, and have not acquired habitual residence in another Member State. The court should exercise this jurisdiction and order the return of the children to England, as it is overwhelmingly in their best interests given the father's manipulative conduct, the instability and emotional harm suffered, and the need for the children to be reunited with their mother and siblings in a stable environment.

Court Disposition

Orders made for the return of the three children in Somalia to England to reside with the mother; father ordered to cooperate in facilitating their return.

Orders

  • Father to instruct his sister in Somalia to deliver the children to a named maternal great-uncle for onward travel to England.
  • Father to sign documents authorising the transfer and travel of the children and to refrain from obstructing their return.