Father Wins Appeal To Stop Child Returning To Australia

Date: December 18th, 2015 - Written by: Brookman Solicitors

father1

 

A father who wrongfully retained his children who were visiting from Australia for the Christmas holidays was delighted when his appeal against having the children returned to their mother was granted, as reported by Family Law Week.

The children, now aged 9-13, spent last Christmas with their father in the UK, whilst their mother stayed in Australia. However, when the time came to return them, he chose instead to keep them with him, although presumably he knew that he would be breaching the terms of his custody agreement. The case naturally progressed to court, but the presiding judge felt that although the children had expressed a preference to remain with their father, they had no real cause to object to being sent back to their mother in Australia.

In the subsequent appeal, the trial judge, disagreed with the previous over-analysis of the word “object”, which had presumably altered perception of the children’s response, to make it sound as though they had no issue regarding being sent back home – a conclusion to which she did not necessarily agree.

In addition, the judge felt that should the children be returned to live with their mother (who had lost her home), this might well be a situation which would turn out to be wholly unsuitable and so ultimately, become a temporary measure.

Indeed, since the children had been wrongfully retained and the father had ceased making the mortgage payments on the house in Australia, circumstances in that part of the world had changed immeasurably.

Therefore, should the matter be taken up the Australian court, the judge concluded, it would be difficult for the children to return to what they would consider to be a normal way of life in the meantime.

It was on this basis that the father, although admittedly guilty of wrongfully retaining his children, was granted his appeal.

Share:

Google Reviews

Brookman Solicitors

48 Reviews

Jo Hannah 13/02/2019

I am very thankful to Mr Henry Brookman for his time, understanding and advice. I would highly recommend this firm.

Jeffrey Schenck 06/02/2019

Henry Brookman listened carefully and provided clear, thoughtful, sound advice that took into account the complexity of my situation. All of my dealings with the firm were handled with sensitivity and respect. I would definitely recommend the services of Brookman Solicitors.

Ilona Galiyeva 29/01/2019

I’ve dealt with Mr. Brookman himself and he is very peasant to work with. Listens to your demands and is very helpful in terms of providing advice.

Milla Linke 24/01/2019

Mr Brookman is very professional and helpful. After my initial consultation I have more clarity and understanding into my situation. I would highly recommend this firm.

Mr Man 09/01/2019

VERY PROFESSIONAL . My initial telephone contact to this firm was handled very professionally. First impressions really do matter. The details of my enquiry were taken and I soon became eased to believe that I being listened to and relevant details were being noted. My subsequent initial assessment interview was just as thorough and professional, consistent with my previous experience. Choosing a solicitor to act on your behalf is a very important consideration. Although my case is still on going, I have every confidence and peace of mind that I will be concluded well.