Here for you: Please note that Brookman’s services remain uninterrupted during this time. Read more

Judge rules in favour of immigrant father in child custody appeal

Date: February 11th, 2016 - Written by: Brookman Solicitors

A recent case highlighted by The Littlehampton Gazette outlined the unusual instance of a Nigerian illegal immigrant, who is battling for custody of his 15 month old daughter and has recently won his appeal.

The man, who arrived in the UK 13 years ago on a six month tourist visa, had no job, had admitted to cannabis misuse and had periodically been homeless at the time of the appeal hearing last year.

At only a month old, the little girl had been placed into temporary foster care, due to her father’s seeming inability to care for her and her mother’s perceived mental health issues and inappropriate lifestyle. It was concluded during the court case in June last year that it would not be in the child’s best interests to be flown to Nigeria to be cared for by her father’s relatives, and although her father indicated that he would like to care for her himself, Judge Robin Tolson who led the initial hearing, suggested that the man might have had ulterior motives for doing so; viewing custody of his daughter as a legitimate means of remaining in the UK.

It was thus decided by the court to place the girl for adoption.

Although her mother did not appeal this decision, the child’s father did and the case went before Lady Justice Black at the Court of Appeal, who questioned whether Judge Tolson had had sufficient evidence on which to base his initial decision, indicating that further reasoning was required for purposes of clarity.

In addition, Lady Justice Black was informed that the child’s father had experienced a change in his situation and was now working, after being given discretionary leave. It was on this basis that she found the appeal to be in his favour.

Share:

Google Reviews

Brookman Solicitors

64 Reviews

Wim Jansen 24/06/2020

I contacted Brookman to ask for information regarding the validity of an international divorce court ruling. They were very quick in providing me with the right information. When I had another question a few months later around children matters I phoned them again and after taking some background information and contact details they booked me in for a free telephone consultation with 1 of their partners Talitha Brookman. She spent half an hour of her time explaining to me what I could expect and provided legal advice. All was free of charge. I would not hesitate to contact them again should any matter become more formal and have to go through court. The service has been quick, professional and very friendly.

Rebecca Brown 01/06/2020

Highly recommend this firm. Having searched around different firms for advice for some time, I had a free consultation with Henry Brookman. He was incredibly knowledgeable about my complex situation, gave straightforward advice and empowered me to understand exactly how I need to proceed.

Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.

Sarah Jones 02/05/2020

Henry was extremely helpful and pleasant to speak with. He provided comprehensive advice in a matter of hours and responded promptly to any queries I had. I would highly recommend speaking with him.

Shazan Awam 19/04/2020

Very helpful and thorough advice. Highly Recommend!