I (A Child)

Judgment

Lord Justice Thorpe:

This is an appeal from the judgment of HHJ Barnett sitting as a judge of the High Court here in London on 28 May 2009. The appeal is brought with the permission of the judge. The essential question which he considered and determined was whether the courts in in this country have jurisdiction to decide issues as to the mother’s contact to the only child of the family, a boy, Qadeer, who is nearly nine years of age.

The judge recorded the factual background in the first 19 paragraphs of his judgment. It would be superfluous for me either to summarise them or to record the history in different words, and accordingly I gratefully adopt HHJ Barnet’s summary and findings:

“INTRODUCTION

[2] The issues with which I am concerned are, firstly, whether the court has any jurisdiction to entertain the Mother’s applications, and secondly, if I were to find such jurisdiction, whether I should decline to exercise it and stay the present proceedings on the basis that this Court is a forum non conveniens. The Mother asserts that there is jurisdiction, the Father and Q’s Guardian ad litem assert there is not. If the court were to find it had jurisdiction, the Father submits that the Court should decline to exercise it as the courts in Pakistan are the appropriate forum. On the other hand the Mother and Guardian maintain that the jurisdiction should be exercised as this Court is the appropriate and convenient forum.

[3] For completeness it should be observed that the Father launched an application. That was dated 3rd March 2009 and issued by the Court the following day. The application was to set aside part of an Order made by Hedley J on 17th June 2008. If I find there was no jurisdiction to entertain the Mother’s applications it would follow that the Order of Hedley J was made without jurisdiction and the Father’s application becomes redundant.

BACKGROUND

[5] The Mother was born in England. Her parents are from Gujerat in India. The Father was born and brought up in Pakistan, and it was whilst on a visit there that the Mother met the Father. Within a week of meeting they were married. That was in October 1999. The Mother quickly fell pregnant. About two months after the marriage the Mother returned to England and sponsored the Father’s application for indefinite leave to remain in this country. It seems clear that, at that time, it was their intention to live in this country as a family. Q was born in England on 27th July 2000.

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