DE (A Child: Inward Return Order From India), Re

DE (A Child: Inward Return Order From India), Re

The court found that the father abducted the child in India, perpetrated serious domestic abuse against the mother and child, and obstructed the child's relationship with her mother. The court determined that England and Wales is the appropriate forum, and that the child's welfare requires her urgent return to the...

Source-derived case information.

Parties
Applicant: The Mother; First Respondent: The Father; Second Respondent: The Paternal Aunt (FS)
Jurisdiction
England and Wales
Judgment Date
29 April 2026
Procedural Posture
Wardship and Child Return (family Law) / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Order for urgent return of the child to the UK; child to remain a ward of court.
Legal Topics
Wardship, Jurisdiction, Forum Non Conveniens, Summary Return Order, Domestic Abuse Findings, Fact Finding, Welfare Evaluation
Family Law International Child Abduction Domestic Abuse Wardship Jurisdiction Forum Non Conveniens Summary Return Order Domestic Abuse Findings +2 more

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Parties

The Mother

Applicant

The Father

First Respondent

The Paternal Aunt (FS)

Second Respondent

Procedural Posture

Wardship and Child Return (family Law) / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether England and Wales is the appropriate forum for the proceedings
  2. 2 Whether the child DE should be returned to the jurisdiction of England and Wales
  3. 3 Whether the father perpetrated domestic abuse and child abduction

Ratio Decidendi

The court found that the father abducted the child in India, perpetrated serious domestic abuse against the mother and child, and obstructed the child's relationship with her mother. The court determined that England and Wales is the appropriate forum, and that the child's welfare requires her urgent return to the UK to live with her mother, with the paternal aunt to facilitate the return.

Court Disposition

Order for urgent return of the child to the UK; child to remain a ward of court.

Orders

  • The child DE to be returned to the jurisdiction of England and Wales within six weeks.
  • The paternal aunt (FS) to travel to India to bring DE back to the UK and return her to the mother's care.