M (Children : Fact Finding: No 1)

At a fact-finding hearing, the court may determine disputed events relevant to future welfare decisions without making a final welfare determination at that stage. The judge must assess the evidence as a whole, including the opportunity to observe witnesses and the limitations created by interpreters or video-link evidence. Where a husband has the means and a pressing responsibility to support his wife and dependants, the court may make a modest maintenance order under section 27 of the Matrimonial Causes Act 1973.

The proceedings concerned two children who had been made wards of court. The mother alleged that, following an arranged marriage and life with the paternal family in England, she had been taken to Pakistan, deprived of effective control of travel documents, and deliberately abandoned there. The allegations were denied by the father and paternal grandmother.

The court conducted an eight-day fact-finding hearing involving evidence from England and Pakistan, including interpreted and video-link evidence. The central issues were whether the mother had been coerced into travelling to Pakistan, whether the older child had been removed from her in circumstances involving deception or force, whether the father had prevented the mother’s return, and whether the father had resources to support her and the children.

1. Nature of hearing. The judge emphasised that this was a fact-finding hearing. Although the findings would be relevant to welfare, no conclusive welfare determination was made at that stage.
2. Assessment of evidence. The court considered the evidence in its full context. It gave particular weight to the opportunity to hear and observe witnesses throughout the hearing, while recognising the difficulties caused by foreign evidence, interpreters and video-link testimony. The mother and her supporting witnesses were accepted as truthful on the central events. The father, paternal grandmother and paternal uncle were found to be unreliable in material respects.
3. Fact-finding conclusions. The mother had been isolated within the paternal household and subjected to controlling and abusive conduct. She had not freely agreed to the journey to Pakistan. The notarised authority concerning the older child had been signed after persistent pressure, misleading assurances and a threat of divorce. The older child was effectively removed from the mother, while the younger child’s passport was retained. The father then took steps to prevent the mother and younger child from returning to the United Kingdom. The conduct caused serious harm to the older child and made urgent reunification and welfare planning necessary.
4. Maintenance. Applying section 27 of the Matrimonial Causes Act 1973, the judge found that the father had access to substantially greater resources than his recent statements disclosed and had a pressing responsibility to support his wife and dependants. A modest order of £400 per month was made, with the first payment due by 4 pm on 19 July 2015.
5. A further hearing was directed. CAFCASS was required to make urgent enquiries, and a transcript was ordered at public expense.