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Family Law

The leading authority on all aspects of family law

19 NOV 2013

ABDUCTION: A v A [2013] EWHC 3298 (Fam)

(Family Division, Parker J, 7 October 2013)

The case was remitted to the Family Division following the decision of the Supreme Court, Re A ( A Child) [2013] UKSC 60, for a decision as to whether the High Court should exercise its discretion to order the child's ‘return' to the UK on the basis that he was a British national although he had been born in Pakistan and had never set foot in this jurisdiction.

In the absence of habitual residence as a basis for jurisdiction, BIIR provided for the court to have recourse to national law, in this case, the Family Law Act 1986.

Although the father decided during the hearing that he should return all four children to the UK, Parker J approached the concession cautiously and proceeded to determine the issue in line with the guidance from the Supreme Court.

On the facts of the case, England was the most appropriate forum in which to determine the children's future care arrangements. The older children had lived most of their lives here, the father was born here and if proceedings took place in Pakistan the mother would face a number of practical problems including opposition from the father's family with little support from her own family.

A return order was made in respect of all four children. The father's application to vary a freezing order was denied. His evidence as to his resources had been unclear and while the order remained in place it offered security for the father's compliance with the return order.

 

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