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Family Section

S v S [2017] EWHC 1298 (Fam)

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The delay in ordering additional expert evidence to help court understand specific points of Iranian family law was justified. 

An interim hearing where the court, perhaps unusually, directed further expert evidence be filed concerning specific points of Iranian family law where the mother (‘M’) was seeking to remain in the UK with the child and the father (‘F’) was seeking the child’s return to Iran (a course of action which would involve primary care of the child being transferred from M to F). The additional expert evidence was needed to help the court reach a fully-informed welfare-based conclusion and therefore the delay was both necessary and purposive.   

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