FD25P00003 - [2025] EWHC 827 (Fam)

This application concerns a little girl called H who is 18 months old and who has dual nationality - British and Filipino. The applicant is H’s mother, FB, who is a Filipino citizen. The respondent is H’s father, KS, who is a British citizen. On 4 December 2024, the family came to England for a short holiday. On 7 and 8 December, there were altercations between the parents which ultimately led to FB returning to the Philippines alone. On 3 January 2025, FB applied under the court’s inherent jurisdiction for a summary determination of H’s welfare interests and an order requiring her swift return to the Philippines. KS resists that application and contends that it is in H’s best interests to remain living in England, not just while longer term decisions about her future are made, but indefinitely. He alleges a history of domestic abuse by FB which he says puts H at future risk of harm if she returns to the care of her mother. He sought a fact-finding hearing in respect of his allegations, which was opposed by the applicant.

On 16 January 2025, Sir Jonathan Cohen made an order providing for the filing of witness statements, obtaining police disclosure in respect of the incidents on 7 and 8 December 2024, and instructing a single joint expert to provide an opinion on the relevant law in the Philippines. The matter was listed for three days before me as a final hearing, with the question of whether any oral evidence would be heard in respect of allegations of domestic abuse made by KS deferred to the start of the hearing. An application on behalf of KS to obtain a report from Cafcass was refused.

At this hearing, I have read the court bundles, documents filed late by KS which were admitted in evidence, skeleton arguments of each party, and relevant caselaw, and have heard oral evidence from the applicant and the respondent. I heard oral submissions on the final day of the hearing and reserved judgment. At the hearing, the applicant was represented by Mr Basi and the respondent by Ms Dunseath. A representative of the Philippine Embassy also attending the hearing remotely as an observer, with the agreement of both parties.