Family Law  /  [2026] EWHC 1866 (Fam)

Family Law · The Family Division of the High Court

M (A Child: Non-Convention State, Pakistan Protocol, summary return), Re

Court The Family Division of the High CourtDate 23 July 2026Citation [2026] EWHC 1866 (Fam)Source Find Case Law

Checked against the judgment on 14 September 2026 · how we verify

Facts

The parties married in Pakistan on 17 February 2023 following an arranged marriage, their families living in the same village in Azad Kashmir. It was the Mother's only marriage and the Father's third; she was about twenty-nine and he about fifty-two. The Mother is unlettered and cannot read or write; the Father has dual British and Pakistani nationality, owns his home in the North of England and runs a shop selling vapes and electrical goods. After the wedding the Father returned to England and the Mother moved into the paternal family home, where she said she was confined to a single room with the couple's son, M, born in 2023, and denied use of the communal kitchen. M lived exclusively in Pakistan, cared for primarily by his Mother, for about the first two and a half years of his life; he was a sickly child and, in March 2024, sustained a burn injury. M arrived in England on 9 June 2025 and has lived with the Father and the Father's sister since. The Mother applied on 17 April 2026 under the inherent jurisdiction for M's summary return to Pakistan, contending that she had agreed only to a temporary stay of six months. Mr Justice Garrido gave directions on 23 June 2026 for a two-day hearing with oral evidence from five witnesses.

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