MB v GK & Ors (No 2) Wardship (Welfare) [2017] EWHC 16 (Fam) (17 November 2016)

MB v GK & Ors (No 2) Wardship (Welfare) [2017] EWHC 16 (Fam) (17 November 2016)

The English court retains jurisdiction over M as his habitual residence remains England. The father's unilateral retention of M in Singapore was wrongful and contrary to previous court orders. The welfare of M requires his immediate return to his mother's care in England, as continued separation is causing emotional...

Source-derived case information.

Citation
[2017] EWHC 16 (Fam)
Parties
Applicant: MB; First Respondent (father): GK; Second Respondent (paternal Grandmother): KF; Third Respondent (paternal Grandfather): GG; Subject Child (through Guardian): M (a child)
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Wardship and Child Welfare / Final Welfare Hearing and Determination of Living Arrangements
Outcome
Application granted. Final welfare orders made for M to return to the care of his mother in England.
Legal Topics
Wardship, Habitual Residence, Child Welfare, Jurisdiction, Enforcement of Foreign Orders, Parental Responsibility, Contact and Residence, Forum Conveniens
Family Law International Child Abduction Private International Law Wardship Habitual Residence Child Welfare Jurisdiction Enforcement of Foreign Orders +3 more

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Parties

MB

Applicant

GK

First Respondent (father)

KF

Second Respondent (paternal Grandmother)

GG

Third Respondent (paternal Grandfather)

M (a child)

Subject Child (through Guardian)

Procedural Posture

Wardship and Child Welfare / Final Welfare Hearing and Determination of Living Arrangements

Legal Issues

  1. 1 Whether the English court retains jurisdiction over M's welfare and living arrangements
  2. 2 Whether M should be returned to the care of his mother in England or remain with his father and paternal grandparents in Singapore
  3. 3 Whether the continued separation from his mother is in M's best interests

Ratio Decidendi

The English court retains jurisdiction over M as his habitual residence remains England. The father's unilateral retention of M in Singapore was wrongful and contrary to previous court orders. The welfare of M requires his immediate return to his mother's care in England, as continued separation is causing emotional harm. The paternal family has been afforded every opportunity to participate but has declined. There is no evidence that a return would expose M to grave risk of harm. The best interests of M are served by restoring him to his mother's care in England.

Court Disposition

Application granted. Final welfare orders made for M to return to the care of his mother in England.

Orders

  • M to be returned to the care of his mother in England forthwith.
  • The paternal family to deliver M and all travel documents to the mother for return to England.