Proceedings in this jurisdiction
C. Proceedings in this jurisdiction
On 13 March 2025 the mother issued a wardship application, heard without notice by Mrs Justice Lieven on 13 March 2025. It took a long time, the mother says, to organise her public funding because of issues to do with her access to the joint bank account.
Lieven J declared on a provisional basis that A was habitually resident in England and Wales and that he has been stranded outside the jurisdiction. She made A a Ward of Court until the conclusion of the proceedings, forbade the respondent from removing A from his mother’s care and made a Passport order.
The Tipstaff attended at the father’s address on 14 March 2024 and seized the father’s British and French passport and A’s French passport.
There were two further hearings before Judd J on 4 April 2025 and MacDonald J on 6 May 2025 at which the respondent was represented. The orders continued the Wardship and provided that the passports collected from the father (his passports and A’s French passport) be retained by the respondent’s solicitors. The father confirmed before Judd J that A’s passport was with the father’s grandmother.
The order of MacDonald J of 6 May 2025 provided that respondent was forbidden to remove A from his mother. That day he filed closing submissions in Morocco stating that he insisted on retaining custody of his son.
The mother sought financial relief for A on 20 May 2025 and the father offered to pay £200 a month on 6 May 2025. He made one payment but ceased as he says that the matter is being dealt with by the Moroccan court.
On 30 May 2025 the mother made an application to replace one of her exhibits to her statement, a letter from her sister and brother in law in which they suggested that England was fairer than Morocco and highlighted corruption risks, with a different letter. I understand that the father reported the sister and brother in law to the police in Morocco as a result of that letter.
Directions were made for trial on 13 June 2025 by HHJ Vavrecka. The court declined to make substantive financial remedy orders. The father declined to concede the stranding allegations. The case was listed for trial.
The mother issued a form A on 23 June 2025 for child maintenance and a lump sum order for A.
The matter was listed for a 2 day hearing.
- Heading
- Introduction
- B Background
- Proceedings in this jurisdiction
- D The proceedings in Morocco
- Child breastfeeding allowance of 3000 dirhams per month (£245 pcm)
- E The law
- Domestic Abuse
- Stranded Spouses / Marriage Abandonment
- F The parties’ positions on the key allegation
- G The hearing: the witnesses
- H The evidence: the agreed facts
- Conclusions
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