ZM v AM

ZM v AM

The mother was tricked into leaving the UK, denied access to her child, and deprived of her rights through fraudulent legal proceedings and the father’s deliberate actions; the residence order was procured by deception and the mother’s and child’s Article 8 rights were breached.

Parties
Applicant: ZM; Respondent: AM
Jurisdiction
England and Wales
Judgment Date
26 June 2014
Procedural Posture
Wardship / Judgment
Outcome
Mother’s case substantially proved; declarations as to infringements; orders for reintroduction and monitoring.
Legal Topics
Wardship, Residence Order, Stranded Spouse, Article 8 ECHR, Domestic Violence, Immigration Status, Child Welfare
Family Law Immigration Law Human Rights Wardship Residence Order Stranded Spouse Article 8 ECHR Domestic Violence +2 more

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Parties

ZM

Applicant

AM

Respondent

Procedural Posture

Wardship / Judgment

Legal Issues

  1. 1 Whether the mother was tricked into leaving the UK and separated from her child
  2. 2 Whether the father committed acts of violence and exerted excessive control
  3. 3 Whether the 2011 residence order was procured by fraud

Ratio Decidendi

The mother was tricked into leaving the UK, denied access to her child, and deprived of her rights through fraudulent legal proceedings and the father’s deliberate actions; the residence order was procured by deception and the mother’s and child’s Article 8 rights were breached.

Court Disposition

Mother’s case substantially proved; declarations as to infringements; orders for reintroduction and monitoring.

Orders

  • S remains a ward of court until future clarified.
  • Mother to be reintroduced to S; voluntary arrangements for contact via Skype and reports.