Martha Gray in NG v CJ [2024] EWHC 338 (Fam)

18th Mar 2024 | Cases

Martha Gray was instructed by Dawson Cornwell solicitors for the Applicant in NG v CJ [2024] EWHC 338 (Fam); a successful application for the summary return of a child to Pakistan under the inherent jurisdiction after his removal  in July 2023.  This is the first case to consider the application of the Pakistan Protocol in cases involving the abduction of children since the 2017 case of Y v S [2017] EWHC 1020 (Fam).  Mr Jonathan Glasson KC sitting as a Deputy Judge of the High Court held that while the case did not meet the strict criteria to fall within the Protocol, the spirit of the Protocol should nonetheless be applied namely to protect children  from the harmful effects of wrongful removal, a common recognition that of shared heritage of law and a commitment to the welfare of children; a common aspiration to promote judicial co-operation, enhanced relations and the free flow of information; and, a common acceptance of the importance of negotiation, mediation and conciliation in the resolution of family disputes. The Judge went on to determine that it was in the child’s best interests to order his summary return to Pakistan.

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