Judge clears woman in ‘constant fear’ of ex-husband to give children new identities

A woman who lives in “constant fear” of her ex-husband should be allowed to give their two children new identities, a High Court judge has ruled

Mr Justice Cobb said the woman should be allowed to take the rare and “draconian” step of giving the 13-year-old boy and eight-year-old girl new first names and surnames.

He said the new identities had to kept secret from their father.

The judge said the man and woman were from Iran, and married in 2002, living in Shiraz before moving to England about a year later.

Their children were born in England, and the man and woman were granted asylum in 2009.

The man is thought to be back in Iran.

Mr Justice Cobb said there was a danger the man would find his children, remove them from their mother’s care and take them to Iran.

The judge made a ruling after analysing the case in a private hearing at the Family Division of the High Court in London.

He said the orders he made were far-reaching and exceptional and disenfranchised the man as a “holder of responsibility” for the children.

No-one involved was identified.

The woman told Mr Justice Cobb that her husband had been abusive from the moment they arrived in England.

She said he was “constantly intimidating and bullying” towards her – and the children, who had been scared by his behaviour.

Her husband had taken the youngsters from her as soon as they arrived, she said, and tried to stop her leaving.

She said she left the country covertly with her son and daughter after disguising herself in a chador – a cloak – and hiding the children underneath it.

A year ago the man took the children from their then home in London and returned with them to Iran.

The woman said she had traced the youngsters and clandestinely brought them back to England.

Mr Justice Cobb said she had made part of that “arduous journey” on foot and been helped by Foreign Office staff.

The woman said that, following their return, her ex-husband had made “increasingly frightening” telephone calls, threatening to kill her and “have acid thrown into her face”.

Divorce proceedings has now been finalised.

The judge was told that the woman and children had moved many times in order to “keep safe”.

“I am satisfied that the mother and children have lived a life constantly watchful for risks of detection by the father or his associates,” said Mr Justice Cobb.

“Their lives have become itinerant, to avoid being traced; the family have had little chance to settle.”

He added: “There is good reason to conclude that the children are at very real risk of further abduction if their father were to locate them; if taken back to Iran, there is equally good reason to conclude that there is no realistic prospect of the children having any future relationship with their mother, with whom they are closely and securely attached; the mother would not be able to risk visiting Iran to retrieve them.”

The judge said he was “acutely conscious” that he had made a decision which deprived the children of the benefits of a relationship with both parents.

But he went on: “That is not a relationship which can be safely conducted now; and it would be contrary to the emotional interests of the children for the possibility of it to remain open.”

The judge said the children should live with their mother and have no contact with their father.

Mr Justice Cobb ruled that the man could not exercise “any aspect” of parental responsibility, must not remove the children from the legal jurisdiction of England and Wales, and should not go with 100 metres of his ex-wife.

The woman had been represented by barrister Rob George at the High Court hearing.

Her ex-husband was not at the hearing and was not legally represented.

But Mr Justice Cobb said he was satisfied that the man had been notified of the hearing and that all “relevant material” had been emailed.

At an earlier stage of litigation the man had denied that he posed “a threat” to his children.

Mr Justice Cobb said the children had been interviewed by social workers and had told of their experiences in Iran with their father.

The boy had said it was “awful in Iran”.

He said his father “used to hit them” and tried to “make them lie to the police”.

His sister had said she was supposed to say “horrible things about her mum” and her father had beaten her because she had not done that.

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