SA v BN [2013] EWHC 4417 (Fam) (13 December 2013)

SA v BN [2013] EWHC 4417 (Fam) (13 December 2013)

On the balance of probabilities, the court found that the child JN is alive, the documents purporting to evidence her death are forgeries, and the mother and grandfather have deliberately misled the court and concealed the child's whereabouts. The grandfather orchestrated the removal and concealment of the child,...

Source-derived case information.

Citation
[2013] EWHC 4417 (Fam)
Parties
Applicant: SA; 1st Respondent: BN; 2nd Respondent: JK (Children's Guardian); Intervener: CN/CY (the grandfather); 3rd Respondent: 3rd Respondent
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Private Law Family Proceedings (child Contact and Parental Responsibility) / Final Judgment After Fact Finding Hearing
Outcome
Application granted; declaration that JN is alive; orders for her return to the jurisdiction and further directions for her welfare.
Legal Topics
Parental Responsibility, Contact Orders, Wardship, Habitual Residence, Child Abduction, Fabrication of Evidence
Family Law Child Law Parental Responsibility Contact Orders Wardship Habitual Residence Child Abduction Fabrication of Evidence

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Summary, issues, holding and outcome

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Parties

SA

Applicant

BN

1st Respondent

JK (Children's Guardian)

2nd Respondent

CN/CY (the grandfather)

Intervener

3rd Respondent

3rd Respondent

Procedural Posture

Private Law Family Proceedings (child Contact and Parental Responsibility) / Final Judgment After Fact Finding Hearing

Legal Issues

  1. 1 Whether the child JN is alive or deceased
  2. 2 Whether the documentation of JN's death is genuine or fabricated
  3. 3 Whether the mother and/or grandfather are concealing the child's whereabouts

Ratio Decidendi

On the balance of probabilities, the court found that the child JN is alive, the documents purporting to evidence her death are forgeries, and the mother and grandfather have deliberately misled the court and concealed the child's whereabouts. The grandfather orchestrated the removal and concealment of the child, and the mother was under his control.

Court Disposition

Application granted; declaration that JN is alive; orders for her return to the jurisdiction and further directions for her welfare.

Orders

  • Declaration that JN is alive
  • Directions for steps to secure JN's return to England and Wales