M (Children : Fact Finding: No 1)

M (Children : Fact Finding: No 1)

The court found the mother's account truthful and corroborated by evidence, concluding she was deliberately abandoned and stranded in Pakistan by the father and his family, who retained her and her children's passports and manipulated events to prevent her return. The father's and grandmother's evidence was rejected as untruthful and manipulative. The court ordered maintenance and further investigation into the children's future care, prioritising their welfare and the need for reparation of relationships.

Parties
Applicant: Mother; First Respondent: Father; Second Respondent: Paternal Grandmother
Jurisdiction
England and Wales
Judgment Date
18 June 2015
Procedural Posture
Wardship / Family / Fact Finding Hearing
Outcome
Findings made in favour of the mother; maintenance ordered; further welfare investigation directed.
Legal Topics
Wardship, Child Abduction, Parental Responsibility, Maintenance, Domestic Abuse, Contact Arrangements
Family Law Child Law Wardship Child Abduction Parental Responsibility Maintenance Domestic Abuse Contact Arrangements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mother

Applicant

Father

First Respondent

Paternal Grandmother

Second Respondent

Procedural Posture

Wardship / Family / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother was deliberately abandoned and stranded in Pakistan by the father and his family
  2. 2 Whether the paternal grandmother and family retained the passports of the mother and children
  3. 3 Whether the mother consented freely to the removal of her child to the UK

Ratio Decidendi

The court found the mother's account truthful and corroborated by evidence, concluding she was deliberately abandoned and stranded in Pakistan by the father and his family, who retained her and her children's passports and manipulated events to prevent her return. The father's and grandmother's evidence was rejected as untruthful and manipulative. The court ordered maintenance and further investigation into the children's future care, prioritising their welfare and the need for reparation of relationships.

Court Disposition

Findings made in favour of the mother; maintenance ordered; further welfare investigation directed.

Orders

  • Father to pay £400 per month maintenance to the mother under section 27 of the Matrimonial Causes Act 1973, first payment by 4pm on 19th July and monthly thereafter.
  • Transcript of judgment to be prepared at public expense.