S (A Child), Re (Guidance in cases of stranded spouses)

S (A Child), Re (Guidance in cases of stranded spouses)

The court found, on the balance of probabilities, that the mother was deliberately separated from her child and abandoned in Pakistan by the father and paternal grandparents, who acted in concert to strand her and retain the child in England. The father's account was not credible, and the evidence supported the...

Source-derived case information.

Parties
Plaintiff: Re S (A Child) Re A; Defendants: I H & Others; Subject Child: The child (S); Defendants: The grandparents
Jurisdiction
England and Wales
Judgment Date
25 June 2010
Procedural Posture
Wardship / Family / Fact Finding Hearing and Interim Orders
Outcome
Fact-finding in favour of the mother; interim care and control of the child granted to the mother; contact to the father; directions for further welfare hearing.
Legal Topics
Wardship, Child Custody, Stranded Spouses, Parental Responsibility, Child Abduction, Immigration and Visas, Domestic Violence, Interim Care and Control
Family Law Child Law International Family Law Wardship Child Custody Stranded Spouses Parental Responsibility Child Abduction +3 more

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Summary, issues, holding and outcome

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Parties

Re S (A Child) Re A

Plaintiff

I H & Others

Defendants

The child (S)

Subject Child

The grandparents

Defendants

Procedural Posture

Wardship / Family / Fact Finding Hearing and Interim Orders

Legal Issues

  1. 1 Whether the mother was deliberately abandoned and separated from her child by the father and paternal family
  2. 2 Whether the mother was drugged and forcibly removed to Pakistan
  3. 3 Whether the father's actions were planned to strand the mother and retain the child in England

Ratio Decidendi

The court found, on the balance of probabilities, that the mother was deliberately separated from her child and abandoned in Pakistan by the father and paternal grandparents, who acted in concert to strand her and retain the child in England. The father's account was not credible, and the evidence supported the mother's case of a planned separation. The court held that such conduct was emotionally abusive to the child and contrary to his welfare.

Court Disposition

Fact-finding in favour of the mother; interim care and control of the child granted to the mother; contact to the father; directions for further welfare hearing.

Orders

  • Interim care and control of the child to the mother
  • Contact to the father