NG v CJ

NG v CJ

It is in T's best interests to be returned to Pakistan to his mother's care, as this is the only realistic way to ensure a meaningful relationship with both parents. The mother did not consent to T's removal in July 2023. The father's hostility and history of blocking contact mean he would not promote T's relationship with the mother if T remained in the UK. The welfare checklist and the child's connections to Pakistan as his home country outweigh the benefits of remaining in the UK.

Parties
Applicant: NG; Respondent: CJ
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Child Abduction / Summary Return (non Hague) / Judgment After Final Hearing
Outcome
Application granted; order for summary return of T to Pakistan
Legal Topics
Child Abduction, Summary Return, Welfare of the Child, Habitual Residence, Parental Responsibility, Contact Arrangements
Family Law International Child Law Child Abduction Summary Return Welfare of the Child Habitual Residence Parental Responsibility Contact Arrangements

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Parties

NG

Applicant

CJ

Respondent

Procedural Posture

Child Abduction / Summary Return (non Hague) / Judgment After Final Hearing

Legal Issues

  1. 1 Whether T should be summarily returned to Pakistan under the inherent jurisdiction
  2. 2 Whether the mother consented to T's removal to the UK
  3. 3 What is in T's best interests under the welfare principle

Ratio Decidendi

It is in T's best interests to be returned to Pakistan to his mother's care, as this is the only realistic way to ensure a meaningful relationship with both parents. The mother did not consent to T's removal in July 2023. The father's hostility and history of blocking contact mean he would not promote T's relationship with the mother if T remained in the UK. The welfare checklist and the child's connections to Pakistan as his home country outweigh the benefits of remaining in the UK.

Court Disposition

Application granted; order for summary return of T to Pakistan

Orders

  • T to be returned to Pakistan to the care of his mother
  • Future welfare decisions to be determined by the courts in Pakistan as necessary