Family Law Hub

P (A Child) (Abduction: Inherent Jurisdiction) [2021] EWCA Civ 1171

An appeal against the decision of the deputy High Court judge, who had exercised the inherent jurisdiction of the High Court to order the return of the boy to India, and had refused an application by the boy's mother under the 1980 Hague Convention for his return to the USA, from where he had been removed in disputed circumstances by the father in 2017. The father was currently in prison in London, awaiting an extradition decision, an international arrest warrant having been issued after he removed the boy from the USA. The mother currently sought asylum in the USA. The child was currently in the care of a paternal aunt, in England. The mother appealed on the grounds that the judge had failed to respect international comity by ignoring the American orders, the judge's welfare analysis had been inadequate, and the judge's finding of fact that the mother had consented to the permanent removal to India had been flawed. The challenges to the findings of fact failed. So did the argument on international comity: the American orders had been based upon the mother's case that the child had been abducted, and the deputy High Court judge had found that he had not been. As to welfare, in Peter Jackson LJ's view the deputy High Court judge's approach had been sound, and practical. He did not accept that the decision to return the boy to India had been wrong. His one reservation was with regard to contact after the boy returned. Proposals from the father's solicitor for direct and indirect contact in India for the mother and maternal family would be reflected in a recital to the Court of Appeal's order. Arnold LJ and Henderson LJ agreed. The appeal was dismissed.


Published: 03/08/2021

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item