S v A

S v A

The court found that the child’s habitual residence had not changed from Pakistan at the time of the father’s application, and that the welfare of the child required her return to Pakistan for a full assessment of her needs and parental contact, given the lack of meaningful relationship with the father in England and the ability of the Pakistani courts to address welfare issues. The court was satisfied that appropriate undertakings and practical arrangements could be made for the mother and child’s return, and that the mother would have access to justice in Pakistan.

Parties
Applicant: S; Respondent: A
Jurisdiction
England and Wales
Judgment Date
07 September 2022
Procedural Posture
Inherent Jurisdiction (summary Return of Child) / Final Judgment
Outcome
Application for summary return granted
Legal Topics
Summary Return of Child, Inherent Jurisdiction, Habitual Residence, Welfare of the Child, Cross Border Parental Disputes, Domestic Abuse Allegations
Family Law International Child Abduction Summary Return of Child Inherent Jurisdiction Habitual Residence Welfare of the Child Cross Border Parental Disputes Domestic Abuse Allegations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

S

Applicant

A

Respondent

Procedural Posture

Inherent Jurisdiction (summary Return of Child) / Final Judgment

Legal Issues

  1. 1 Whether the child should be summarily returned to Pakistan under the court's inherent jurisdiction
  2. 2 Whether the child's habitual residence had changed from Pakistan to England at the time of the application
  3. 3 Whether the welfare of the child requires her return to Pakistan for further assessment

Ratio Decidendi

The court found that the child’s habitual residence had not changed from Pakistan at the time of the father’s application, and that the welfare of the child required her return to Pakistan for a full assessment of her needs and parental contact, given the lack of meaningful relationship with the father in England and the ability of the Pakistani courts to address welfare issues. The court was satisfied that appropriate undertakings and practical arrangements could be made for the mother and child’s return, and that the mother would have access to justice in Pakistan.

Court Disposition

Application for summary return granted

Orders

  • Summary order for the child’s return to Pakistan
  • Father to provide undertakings regarding non-violence, accommodation, and financial support for mother and child on return