K (A Child), Re

K (A Child), Re

The child's welfare is best promoted by his interim return to England to be cared for by his mother and maternal grandparents, enabling assessment and planning for his medium to long-term future. The arrangements in England are sufficient to meet his needs and outweigh the risks of delay or disruption. There is no benefit in further adjournment or stay of proceedings.

Parties
Applicant: V; 1st Respondent: M; 2nd Respondent: K
Jurisdiction
England and Wales
Judgment Date
10 June 2019
Procedural Posture
Family / Interim Application for Return of Child to Jurisdiction
Outcome
Application for interim return granted
Legal Topics
Child Custody, Habitual Residence, Forum Non Conveniens, Domestic Abuse, Interim Orders
Family Law Child Welfare Child Custody Habitual Residence Forum Non Conveniens Domestic Abuse Interim Orders

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Parties

V

Applicant

M

1st Respondent

K

2nd Respondent

Procedural Posture

Family / Interim Application for Return of Child to Jurisdiction

Legal Issues

  1. 1 Whether the child K should be returned to England for an interim period
  2. 2 Whether proceedings should be stayed or adjourned pending Indian court decisions
  3. 3 Assessment of welfare arrangements for the child

Ratio Decidendi

The child's welfare is best promoted by his interim return to England to be cared for by his mother and maternal grandparents, enabling assessment and planning for his medium to long-term future. The arrangements in England are sufficient to meet his needs and outweigh the risks of delay or disruption. There is no benefit in further adjournment or stay of proceedings.

Court Disposition

Application for interim return granted

Orders

  • The child K is to return to the jurisdiction of England and Wales for a period of 6 months from the date of his return, subject to the Indian court removing the order prohibiting his removal from India.