Family Law Expert Comments On Landmark Case

An international custody battle where a child has been taken to Pakistan by her birth mother, following the breakdown of the relationship with her lesbian partner, will be heard at the Supreme Court this week. 

The woman still residing in the UK attempted to have the child returned home on the basis that the child was a British national and was a habitual resident in England. 

However the High Court and Court of Appeal ruled that they did not have the jurisdiction to order the child’s return as they found that the child was not habitually resident here when the legal process was begun. 

The complex case continues to develop, however Pakistan's attitude to homosexuality means that the courts in that country would not be open to hearing the case. 

Expert family lawyers at Irwin Mitchell say that the Supreme Court will have to consider important issues such as the complexity of habitual residence, the definition of parenthood, and the courts power to establish orders surrounding British national residents overseas. 

Peter Morris, Partner and family law expert at Irwin Mitchell, said;