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.

Got a question? Ask us now…

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

I had applied for a free consultation and I was contacted in a very short timeframe. Thank you so much for the insightful and thorough consultation, Kevin Danagher. You made me feel at ease and you provided clear expectations with the initial info I had provided... I have now a much better understanding on my query.

Feb 2024   Sonia Accardi

We had a very useful first consultation with Amber Matheson today. Amber took the time to understand our (somewhat complicated) set-up, and offered good, understandable advice on next steps. She followed up with a very thorough email clarifying what we had discussed. Highly recommended.

Feb 2024   Lucie

Lovely friendly experience. All questions were answered so that I understood completely.

Dec 2023   Ali Catlin

Very balanced, fair and pragmatic advice. Thoroughly recommend!!

Nov 2023   James Elliott

Henry graciously provided his time for a consultation. I found him to be highly knowledgeable, empathetic and he provided excellent advice which put my mind at ease. Would highly recommend Henry and his firm.

Oct 2023   Allan Ang

Henry Brookman went above and beyond during the free consultation, and even overran the allocated time. He provided invaluable professional advice in a courteous manner. I recommend his firm without reservation.

Sep 2023   Mario Ignatov

I only had my initial free review with Amelia yet I already feel much more strengthened in my legal and financial position. I am currently reflecting on the steps I want to take to negotiate my desired outcome of the financial settlement but, when I am ready to use the services of a lawyer, Amelia is definitely the top on my list.

Sep 2023   Nahid Toubia

I had a zoom consultation with Lauren Moir and she was incredible. Very patient, insightful and reassuring. She also advised me based on my previous conversations with another firm and also clarified various positions I am in. Highly recommend.

Aug 2023   Gary Hawes

I was very impressed with the friendly, helpful and professional service offered by Brookman Solicitors. The generous advice and knowledge offered during the initial free consultation has enabled us to have a much better understanding of our case and plan a way forward.

Jul 2023   Peter Jackson

I had a first consultation with Kevin, who very diligently and professionally provided an exhaustive overview of the divorce process and the best approach for my specific case.

Jul 2023   Giulia Matteo

Great service and excellent advice at the initial consultation. I would certainly recommend and use in the future.

Jul 2023   Tom James

Spoke to a kind solicitor this morning who took an hour of her time to talk me through some advice relating to a difficult separation.... She was clear and helpful with her advice, leaving me feeling much more confident with the process ahead of me.

Jun 2023   Luke Taylor

Mr Brookman provided very clear advice that left me with no doubt about the options and next steps. Getting specific advice with the requirements in the different jurisdictions was particularly useful so I won’t need to consult another lawyer outside of the UK

May 2023   Julian Anthony

From initial contact I found all staff extremely helpful and professional. My options were made clear, my query was dealt with in a sympathetic way. Would highly recommend Brookman Solicitors.

Mar 2023   seamus mcguinness

The initial consultation I have just completed with Henry Brookman was very informative; he was very open and honest about my situation, the legalities of the matter and the extent of how his firm could help.

Nov 2022   Kimberley Noakes

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470