In a recent case S v F & Anor [2025] EWHC 439 (Fam), an interesting judgment was handed down by Mr. Justice Hayden in the High Court of Justice (Family Division), regarding a complex case involving the welfare of a 14-year-old boy, “S”.

The case considers the difficulty in balancing parental responsibility, the child’s best interests, and the role of the court in family law proceedings.

Details of the Case

The case revolved around “S”, a young boy born in the UK, who was taken to Ghana by his parents under the pretext of visiting a sick relative. Unbeknownst to S, his parents had enrolled him in a boarding school in Ghana due to concerns about his safety and associations in London. This decision was driven by their fear of S’s involvement in gang culture and criminal activities.

S, through his solicitor, applied to make himself a ward of the High Court and sought an order for his return to the UK. The court initially made S a ward of the court and imposed ancillary prohibitions on his day-to-day life in Ghana. The court directed that the Local Authority prepare a Report to investigate S’s circumstances and determine the appropriate course of action.

The Courts Decision

The Report concluded that it was in S’s best interests to remain in Ghana, despite his strong desire to return to the UK. The report highlighted several concerning behaviours exhibited by S prior to his relocation, including frequent absences from school, involvement in physical altercations, and associations with potentially dangerous peers.

The court acknowledged the parents’ genuine fears for S’s safety and their deep love for their son. The parents’ decision to relocate S to Ghana was seen as an act of desperation to protect him from the dangers they perceived in London. The court also recognised the cultural shock and emotional distress experienced by S due to the sudden move.

Mr. Justice Hayden emphasised the importance of considering S’s habitual residence, his views, and the broader welfare analysis. The court determined that S remained habitually resident in the UK and that his views, while significant, were not determinative. The court also considered the potential harm S might face if he returned to the UK, including the risk of gang involvement and criminal exploitation.

What we can learn from S v F & Anor [2025] EWHC 439 (Fam)

In a nuanced and empathetic judgment, the court concluded that in the case of S v F & Anor [2025] EWHC 439 (Fam), S’s best interests were served by remaining in Ghana. The decision underscored the importance of parental responsibility and the need for a holistic approach in family law cases. The judgment also highlighted the court’s role in balancing the rights and welfare of the child with the parents’ duty to protect and care for their child.

This was an interesting and complex case which demonstrates the difficulty in balancing the wishes and feelings of a child, compared with what is in the child’s best interests. This is important, as usually the court will place significant weight on the wishes and feelings of an older child, especially where they are able to understand full gravity of their opinion.

However, this is case demonstrates that the court may sometimes have to make difficult decisions for children, against their wishes, if it is considered to be in their best interests.

How FJG can help

At Fisher Jones Greenwood, our team of family law experts have a wealth of experience in dealing with children matters and provide clear advice to guide you through this process. If you would like advice about children or family disputes, please contact our Family Team at 08081 891596 or fill out our online contact form.