PZ v TB

PZ v TB

It is not in the children's welfare interests to be returned to the UK against their wishes, given their settled status in Libya, the disruption such a move would cause, and the lack of enforceability of UK orders in Libya. The welfare of the children, including their emotional and educational needs, outweighs the wrongful removal and retention. Significant weight is given to their expressed wishes and feelings.

Parties
Applicant: PZ; Respondent: TB; Intervener: Embassy of the State of Libya
Jurisdiction
England and Wales
Judgment Date
08 February 2023
Procedural Posture
Family / Final Judgment After Welfare Hearing
Outcome
Order for return of children set aside; directions for contact with mother issued.
Legal Topics
Child Custody, Habitual Residence, Welfare of Children, International Jurisdiction, Enforcement of Foreign Orders
Family Law International Child Law Child Custody Habitual Residence Welfare of Children International Jurisdiction Enforcement of Foreign Orders

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Parties

PZ

Applicant

TB

Respondent

Embassy of the State of Libya

Intervener

Procedural Posture

Family / Final Judgment After Welfare Hearing

Legal Issues

  1. 1 Whether the children should be returned from Libya to the UK
  2. 2 Whether the welfare of the children requires their return
  3. 3 Enforceability of UK orders in Libya

Ratio Decidendi

It is not in the children's welfare interests to be returned to the UK against their wishes, given their settled status in Libya, the disruption such a move would cause, and the lack of enforceability of UK orders in Libya. The welfare of the children, including their emotional and educational needs, outweighs the wrongful removal and retention. Significant weight is given to their expressed wishes and feelings.

Court Disposition

Order for return of children set aside; directions for contact with mother issued.

Orders

  • Father to make children available for contact with mother in Libya during her visits, including overnight stays.
  • Father to use best endeavours to lift travel ban on children leaving Libya.