N v E [2024] EWHC 3604 (Fam) (18 December 2024)

N v E [2024] EWHC 3604 (Fam) (18 December 2024)

The English court has jurisdiction as the children were habitually resident in England at the time of the application and were removed in breach of a Prohibited Steps Order. The welfare of the children is the paramount consideration. The children have spent most of their lives in England, their mother has been their primary carer, and their emotional needs are not being met in Jordan due to isolation from their mother. The English courts are the natural and appropriate forum for determining welfare disputes. A summary return order is necessary, justified, and proportionate to safeguard the children's welfare and allow for proper determination of residence and contact in England.

Citation
[2024] EWHC 3604 (Fam)
Parties
Applicant: N; Respondent: E
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Inherent Jurisdiction Application for Summary Return of Children / Final Judgment After Contested Hearing
Outcome
Application granted. Order for summary return of the children to England.
Legal Topics
Inherent Jurisdiction, Summary Return of Children, Forum Non Conveniens, Child Welfare, Prohibited Steps Order, Jurisdiction of English Courts, International Comity
Family Law International Child Abduction Inherent Jurisdiction Summary Return of Children Forum Non Conveniens Child Welfare Prohibited Steps Order Jurisdiction of English Courts +1 more

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Parties

N

Applicant

E

Respondent

Procedural Posture

Inherent Jurisdiction Application for Summary Return of Children / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the English court should order the summary return of children wrongfully removed to Jordan by their father in breach of a Prohibited Steps Order, in the absence of an applicable international treaty;
  2. 2 Whether the courts of England and Wales or Jordan are the appropriate forum for determining the children's welfare;
  3. 3 Whether a summary return order is in the best interests of the children under the welfare principle.

Ratio Decidendi

The English court has jurisdiction as the children were habitually resident in England at the time of the application and were removed in breach of a Prohibited Steps Order. The welfare of the children is the paramount consideration. The children have spent most of their lives in England, their mother has been their primary carer, and their emotional needs are not being met in Jordan due to isolation from their mother. The English courts are the natural and appropriate forum for determining welfare disputes. A summary return order is necessary, justified, and proportionate to safeguard the children's welfare and allow for proper determination of residence and contact in England.

Court Disposition

Application granted. Order for summary return of the children to England.

Orders

  • The children D and L are to be returned to England no later than 31 March 2025.
  • This judgment is to be translated into Arabic and provided to the lawyers in Jordan for the benefit of the Jordanian courts.