Y v S

Y v S

M's welfare is best served by return to Pakistan due to her strong connection, prior residence, language, culture, and relationship with her mother, outweighing short-term disruption from return. The retention in England was wrongful as the mother’s consent was conditional and implied her joining M and the father in England, which did not occur.

Parties
Applicant: Y; Respondent: S
Jurisdiction
England and Wales
Judgment Date
17 February 2017
Procedural Posture
Wardship / Final Determination
Outcome
Order for return of M to Pakistan
Legal Topics
Child Custody, Wrongful Retention, International Child Abduction, UK Pakistan Judicial Protocol
Family Law Child Welfare Child Custody Wrongful Retention International Child Abduction UK Pakistan Judicial Protocol

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Parties

Y

Applicant

S

Respondent

Procedural Posture

Wardship / Final Determination

Legal Issues

  1. 1 Whether M was wrongfully retained in England
  2. 2 Whether M's welfare is best served by return to Pakistan
  3. 3 Applicability of UK-Pakistan Judicial Protocol

Ratio Decidendi

M's welfare is best served by return to Pakistan due to her strong connection, prior residence, language, culture, and relationship with her mother, outweighing short-term disruption from return. The retention in England was wrongful as the mother’s consent was conditional and implied her joining M and the father in England, which did not occur.

Court Disposition

Order for return of M to Pakistan

Orders

  • M to be returned to Pakistan in accordance with the mother’s application.
  • Contact to include as much telephone and/or Skype contact as can reasonably be arranged.