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Zahra Pabani
Zahra Pabani
Partner - Family Law
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A Local Authority v M and Ors [2016] EWHC 1599 (Fam)
Date:20 JUL 2016
Third slide
Law Reporter

(Family Division, Newton J, 1 July 2016)

Public law children – Radicalisation – Fact finding – Mother caught attempting to take children to Syria – Extreme beliefs

Findings were made in relation to the mother who had attempted to take her children to Syria to join Islamic State activities.

The four children aged between 13 and 5 were taken by their mother to Europe and detained by police in Turkey attempting to cross the border to Syria. When they returned to this jurisdiction the mother was arrested and the children were placed in foster care having been made wards of court.

The father claimed that he had no knowledge of the mother’s intentions and that he was unaware of her radical and extreme views.

The local authority sought extensive findings of fact in relation to the mother’s activities with ISIL and her trip to Turkey with the associated risk of harm to the children of travelling to and intending to live in a war zone.

The mother’s evidence in relation to the trip was inconsistent and unreliable. The judge was not convinced that the father was unaware of the mother’s radical views but found that he was responsible by association in knowing of the mother’s extreme beliefs but allowing her unchallenged to make all of the educational decisions relating to the children.

The majority of the local authority’s allegations were made out on the balance of probabilities.



Case No: FD15P00452
Neutral Citation Number: [2016] EWHC 1599 (Fam)

IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION

Royal Courts of Justice
Strand
London
WC2A 2LL

Date: 01/07/2016

Before :

MR JUSTICE NEWTON

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Between :


A Local Authority
Applicant

- and -

M
First Respondent

- and -

F
Second Respondent

- and -

C, D, E and F (by their children’s Guardian)
Third to Sixth Respondents (children)

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Ruth Kirby and Zoe Taylor (instructed by A Local Authority) for the Applicant
Richard Doman (instructed by solicitors) for the First Respondent
Ian Peddie QC (instructed by solicitors) for the Second Respondent
Tara Vindis (instructed by solicitors) for the Third to Sixth Respondents


Hearing dates: 14-22 March 2016


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A Local Authority v M and Ors [2016] EWHC 1599 (Fam)

Judgment