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Family Law

The leading authority on all aspects of family law

23 JUN 2005

WARDSHIP/PROCEDURE: B v A and B [2005] EWHC 1291 (Fam)

(Family Division; Black J; 23 June 2005)

In 1999 the Pakistani mother and British-born father married in Pakistan. In 2000, the mother came to join the father in England. She had a single entry visa entitling her to remain for 12 months as a spouse. If she were to remain longer, she had to obtain an extension of the visa while in this country. This was not done. The mother gave birth to a child in England. In 2004, the mother, paternal grandmother and the child travelled to Pakistan. The grandmother and child returned to this country a month later, but the mother was unable to return because her visa had expired. She only obtained entry in 2005 to participate in the legal proceedings. She alleged that she had been abandoned in Pakistan by the grandmother. At the time of the proceedings, the child was living with the father in his parents house and the mother was staying with her mother in a two-bedroomed property. Black J upheld in substance the mother's account of what had happened and ordered that a Children and Family Court Advisory and Support Service (CAFCASS) officer investigate the circumstances. Black J made observations on witness evidence where translators are required.

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