A (Children), Re (Rev 2)

A (Children), Re (Rev 2)

The court finds, on the balance of probability, that the mother did not abandon the children but was forced out by the father and his family, who deliberately retained her passport to strand her in Pakistan and exclude her from the children's lives. The father's account is unreliable and untrue; the mother's account is credible and supported by corroborative evidence. Allegations of regular physical abuse by the mother are not proved to the threshold of child abuse.

Parties
Applicant: Mother; First Respondent: Father; Respondents: Second to Fourth Respondents; Children's Guardian: Fifth Respondent; Interveners: Interveners (Maternal Aunts KB and KA)
Jurisdiction
England and Wales
Judgment Date
25 September 2019
Procedural Posture
Wardship Proceedings / Fact Finding Hearing
Outcome
Findings of fact made; mother did not abandon children, was excluded by father; allegations of regular physical abuse not proved.
Legal Topics
Wardship, Child Custody, Parental Alienation, Domestic Abuse, Immigration Status, Contact Orders
Family Law Child Welfare Wardship Child Custody Parental Alienation Domestic Abuse Immigration Status Contact Orders

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Parties

Mother

Applicant

Father

First Respondent

Second to Fourth Respondents

Respondents

Fifth Respondent

Children's Guardian

Interveners (Maternal Aunts KB and KA)

Interveners

Procedural Posture

Wardship Proceedings / Fact Finding Hearing

Legal Issues

  1. 1 Whether the mother regularly acted in a cruel and abusive manner towards the children
  2. 2 Whether the mother was controlled and dominated by the paternal family
  3. 3 Whether the mother was excluded from the family home and from the lives of the children in Pakistan

Ratio Decidendi

The court finds, on the balance of probability, that the mother did not abandon the children but was forced out by the father and his family, who deliberately retained her passport to strand her in Pakistan and exclude her from the children's lives. The father's account is unreliable and untrue; the mother's account is credible and supported by corroborative evidence. Allegations of regular physical abuse by the mother are not proved to the threshold of child abuse.

Court Disposition

Findings of fact made; mother did not abandon children, was excluded by father; allegations of regular physical abuse not proved.

Orders

  • Findings to form factual basis for future proceedings regarding reintroduction of mother into children's lives.