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International Abduction
When someone (including a parent) removes a child from their country of habitual residence without proper consents or Court approval it may be an abduction. It is important to act promptly. The Hague Convention on the International Aspects of the Abduction of Children may apply.
You will need our advice if:
a) you wish to take your child to live abroad;
b) your child has been taken abroad without your consent, or is about to be;
or
c) if you are facing a claim that you have abducted a child. |
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International Abduction - Scenario Analysis Example
Mrs D had been living in Australia. She was English. Mr D was Australian and they had a three year old daughter. They agreed that their marriage had ended. She moved out with their daughter into temporary accommodation. Mrs D said she would go back to England and her husband agreed and he sent her belongings. Three months after she arrived back in England with their daughter her husband claimed in a lawyer's letter that he had never agreed to their daughter leaving and that Mrs D was guilty of abduction. They spoke of starting proceedings with the Family Court.
Our solution:
We took instructions and consulted a specialist barrister. We decided that the solution was to put up a strong counter-argument and "call his bluff". Meanwhile we would explore a possible financial settlement which might confirm that her husband now accepted that their daughter should stay in England and preferably would settle all the issues by agreement.
Read more scenarios from other Areas of Law... |
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If you would like to discuss how we could help you with your specific situation please don't hesitate to get in touch.
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