variation

An interesting case involving an order for the return of a child to his father in The Netherlands was reported recently in Family Law Week.

The case began after the breakdown of a relationship whereby the mother of the five year old child was resident in England and the father lived in The Netherlands. At the time of the final hearing, the mother was heavily pregnant and due to give birth in early November 2015. The father was subsequently granted a return order, although it was understood that the child in question would not be accompanied by either parent, but would be met by Dutch social services on arrival in Holland.

Given these circumstances, presiding judge MacDonald J allowed for a short delay of six weeks in the implementation of the return order, so that relevant arrangements could be made and it was agreed that the child would return on 13 November 2015.

Within a few days however, the mother notified her solicitors that she would indeed be accompanying her son before she gave birth. Shortly thereafter, she produced a letter to the court and stated that she had been advised not to fly, although there was no content in the letter which supported this view. Indeed, there was no evidence that she had sought this medical advice at all.

On 9 November 2015 the woman gave birth and two days later, she applied to vary the return order, requesting to accompany her older son to Holland on 28 November. Dutch authorities duly provided documents to the court detailing travel arrangements, although these then needed to be translated. During this time, the court permitted the mother to collate medical evidence in support of her application, as well as apply for a passport for her new baby.

At a subsequent hearing, she stated that she required a further two months to be able to travel safely, although MacDonald J found that there was no medical evidence to support this. Subsequently, the woman’s application to vary the return order was dismissed. A social worker was made available to meet the child in Holland on 17 November 2015. The child was then placed with social services and a hearing was fixed in that country for 23 November.

 

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