MM v FF

MM v FF

The father wrongfully removed AM from Pakistan without the mother’s consent, wrongfully terminated contact, and engaged in physical, verbal, emotional abuse and coercive controlling behaviour. The mother did not consent to AM’s removal, did not pose a risk, and did not remarry D. The father’s allegations were not credible and were based on speculation and malicious gossip. The mother’s evidence was preferred, corroborated by the grandmother. The father’s actions alienated AM from the mother and maternal family.

Parties
Applicant: MM; Respondent: FF
Jurisdiction
England and Wales
Judgment Date
11 August 2022
Procedural Posture
Family / Fact Finding Hearing
Outcome
Findings of fact made in favour of the mother; interim arrangements pending welfare analysis.
Legal Topics
Inherent Jurisdiction, Wrongful Removal, Domestic Abuse, Coercive Control, Child Welfare, Contact Arrangements
Family Law Child Abduction International Child Custody Inherent Jurisdiction Wrongful Removal Domestic Abuse Coercive Control Child Welfare +1 more

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Parties

MM

Applicant

FF

Respondent

Procedural Posture

Family / Fact Finding Hearing

Legal Issues

  1. 1 Whether AM was wrongfully removed from Pakistan by the father
  2. 2 Whether the father wrongfully terminated contact between AM and the mother
  3. 3 Whether the father perpetrated physical, verbal, emotional abuse and coercive controlling behaviour

Ratio Decidendi

The father wrongfully removed AM from Pakistan without the mother’s consent, wrongfully terminated contact, and engaged in physical, verbal, emotional abuse and coercive controlling behaviour. The mother did not consent to AM’s removal, did not pose a risk, and did not remarry D. The father’s allegations were not credible and were based on speculation and malicious gossip. The mother’s evidence was preferred, corroborated by the grandmother. The father’s actions alienated AM from the mother and maternal family.

Court Disposition

Findings of fact made in favour of the mother; interim arrangements pending welfare analysis.

Orders

  • Matter to return before the court for case management and further input from CAFCASS.
  • Position statements to be served before next hearing.