B (A Child), Re

B (A Child), Re

Given the lack of parental responsibility, absence of habitual residence in England and Wales, and the child's settled life in Pakistan, it is inappropriate for the English court to continue wardship or require the child's return.

Parties
Applicant: Mr UA; First Respondent Mother: FB; Second Respondent: Mrs NB
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Wardship/child Abduction / Judgment on Application to Discharge Wardship and Return Order
Outcome
Application dismissed; wardship and return order discharged.
Legal Topics
Wardship, Habitual Residence, Jurisdiction, Parental Responsibility, Child Abduction
Family Law International Child Law Wardship Habitual Residence Jurisdiction Parental Responsibility Child Abduction

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Parties

Mr UA

Applicant

FB

First Respondent Mother

Mrs NB

Second Respondent

Procedural Posture

Wardship/child Abduction / Judgment on Application to Discharge Wardship and Return Order

Legal Issues

  1. 1 Whether the English court should continue wardship jurisdiction over the child
  2. 2 Whether the mother should remain under an order to return the child to England and Wales

Ratio Decidendi

Given the lack of parental responsibility, absence of habitual residence in England and Wales, and the child's settled life in Pakistan, it is inappropriate for the English court to continue wardship or require the child's return.

Court Disposition

Application dismissed; wardship and return order discharged.

Orders

  • Wardship of the child discharged
  • Order requiring mother to return child to England and Wales discharged