R v P

R v P

The court found, on balance of probabilities, that the mother intended the Iraq trip as a holiday, the father did not intend the children to return to England, and he kept the children and mother in Iraq by retaining their passports. The children remained in Iraq until 2022 because the father prevented their return. The mother was separated from the children due to the father's actions, and the father retained the travel documents and passports.

Parties
Applicant: R; Respondent: P
Jurisdiction
England and Wales
Judgment Date
07 March 2023
Procedural Posture
Family / Fact Finding Hearing
Outcome
Findings made on four factual questions; matter to proceed to welfare stage at Central Family Court.
Legal Topics
Habitual Residence, Jurisdiction, Child Custody, Passport Control, Parental Responsibility
Family Law Child Welfare Habitual Residence Jurisdiction Child Custody Passport Control Parental Responsibility

Case Brief

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Parties

R

Applicant

P

Respondent

Procedural Posture

Family / Fact Finding Hearing

Legal Issues

  1. 1 Purpose of travel to Iraq in 2018
  2. 2 Reason for children remaining in Iraq until 2022
  3. 3 Circumstances of mother's separation from children

Ratio Decidendi

The court found, on balance of probabilities, that the mother intended the Iraq trip as a holiday, the father did not intend the children to return to England, and he kept the children and mother in Iraq by retaining their passports. The children remained in Iraq until 2022 because the father prevented their return. The mother was separated from the children due to the father's actions, and the father retained the travel documents and passports.

Court Disposition

Findings made on four factual questions; matter to proceed to welfare stage at Central Family Court.

Orders

  • Counsel to draw up order reflecting findings.
  • Progression to welfare stage for further decisions.