Parens Patriae – Success by Tori Adams in the High Court
07 Jul 2025
The High Court (Hayden J) has ruled that it should exercise its parens patriae jurisdiction in respect of a British child abducted by his father from France to Nigeria, in ND v K [2025] EWHC 1548 (Fam) (20 June 2025). This was despite the child never having resided in, or even having visited, the jurisdiction of England & Wales prior to his abduction. However, as the child is a British National, the inherent jurisdiction can be triggered. Although it was emphasised on behalf of the father that there had previously been no cited case in which a child’s summary return has been ordered pursuant to the parens patriae jurisdiction, for the purpose of return to another jurisdiction, i.e. France, the court held that the inherent jurisdiction should be invoked in the circumstances of this case, and, subject to any further submissions, there was no reason why there could not be a return directly to Paris.
The case demonstrates the broad discretion that the Court has to exercise their inherent jurisdiction in order to protect British children, regardless of habitual residence.
Tori Adams, for the mother, was instructed by Forum Shah, Floriane Laruelle and Gemma Adams of Dawson Cornwall.
The Judgment can be read below: