“M’s current immigration status is secure until July 2026, with good merits and likelihood of success in her pending Human Rights application. [DE]’s immigration status is dependent on [M]’s. [DE] requires a valid Indian passport to travel. If [M] regularises her status, [M] may apply as a dependant, and both [DE] and [F] may apply for entry clearance to return to the UK on short term visit visa however the chances of success for [F] depends on any pending police investigations as he may be refused on character/suitability grounds. Applications should be carefully prepared to meet the relevant Immigration Rules and procedural requirements.”
“If the orders of the English court are placed before the [local Indian] Family Court, they are unlikely to have any practical effect, given the question of jurisdiction and the fact that the parties and the nature of the proceedings are the same in both jurisdictions, with both custody petitions having been initiated by the applicant mother. However, those orders are likely to assume greater significance if the guardianship petition is withdrawn and a writ of habeas corpus is instead filed before the High Court. In such proceedings, it may be asserted that the courts of England and Wales have exclusive jurisdiction in relation to the custody of the minor child, together with an explanation of the circumstances in which the guardianship petition came to be filed before the [local Indian] Family Court.”
“Few relationships lack instances of bad behaviour on the part of one or both parties at some time and it is a rare family case that does not contain complaints by one party against the other, and often complaints are made by both. Yet not all such behaviour will amount to ‘domestic abuse’, where ‘coercive behaviour’ is defined as behaviour that is ‘used to harm, punish, or frighten the victim…’ and ‘controlling behaviour’ as behaviour ‘designed to make a person subordinate…’ In cases where the alleged behaviour does not have this character it is likely to be unnecessary and disproportionate for detailed findings of fact to be made about the complaints; indeed, in such cases it will not be in the interests of the child or of justice for the court to allow itself to become another battleground for adult conflict.” “Few relationships lack instances of bad behaviour on the part of one or both parties at some time and it is a rare family case that does not contain complaints by one party against the other, and often complaints are made by both. Yet not all such behaviour will amount to ‘domestic abuse’, where ‘coercive behaviour’ is defined as behaviour that is ‘used to harm, punish, or frighten the victim…’ and ‘controlling behaviour’ as behaviour ‘designed to make a person subordinate…’ In cases where the alleged behaviour does not have this character it is likely to be unnecessary and disproportionate for detailed findings of fact to be made about the complaints; indeed, in such cases it will not be in the interests of the child or of justice for the court to allow itself to become another battleground for adult conflict.”
“. . . prolonged child abduction is not only a criminal offence but also a pernicious form of child abuse”
“I go to work for ten to twelve hours a day, I don’t have the energy or time to beat or do this sort of thing”