In the recent case of F (Abduction: Acquiescence: Child’s Objections) the High Court ruled that four children at the centre of a dispute between their parents must leave the UK and return to their mother in Australia. This decision was made after the mother sought legal action for the return of her children after they did not return home after a visit to their father in England during the Australian summer holidays. The father had told their mother that the as the children wanted to stay in England he would not be returning them to Australia.
The parents relocated to Australia in July 2007 however they separated in October 2007 and the father returned to the UK but had regular contact with the children via skype. The mother stopped working when the children were born. At the time of the hearing neither of them had issued a petition for divorce. The mother was financially dependent on the father and was facing eviction from her home in Australia as she could not meet the mortgage payments. The mother sought to rely on text messages from the father assuring that he would help with financial difficulties however he did not help her with this yet took the children on skiing trips, a holiday in the middle east and the mother believed the father to be earning approximately £250,000 – £300,000 per year as a financial advisor.
CAFCASS (Children and Family Court Advisory and Support Service) were asked to prepare a report on the children’s objections to moving back to Australia. All four children (aged between 9 and 13) stated that they wanted to stay with their father in England. The CAFCASS representative reported that the children had not said anything negative about their mother or their time in Australia but it was important to the children that they lived around their extended family in England and with their father but wanted their mother to live nearby and see her regularly.
His Honour Judge Bellamy met with the children (via a video link) before making his decision and discussed their feelings and views and he concluded that he was not satisfied that their wishes, feelings and preferences amounted to objections to returning to Australia. He also stated that the father should have applied to the Australian court to request a relocation of the children and it was wrongful for him to keep the children in England and abuse the financial imbalance between him and the mother. The Judge felt that the views of the children had been coloured by their ‘comfortable existence living with their father and, as I find, by the climate he has created which is a climate based on negativity towards the mother and the subtle use of his wealth’.
His Honour concluded that there should be an order for the summary return of the children to Australia. The father assured the court that should the children return to Australia he would make the sufficient financial provision. The court was also informed that the mother would be issuing divorce proceedings and an application for financial remedy as soon as possible.
To see the full judgment click here: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Fam/2015/2045.html&query=clifford+and+bellamy&method=boolean
This is a highly emotional area of family law for the entire family. Summer holidays mark a time of heightened risk for relocation with parents arranging holidays or children visiting parents abroad. There are measures which can be taken to minimise the risk that children are unlawfully removed from the UK. If you have concerns that this could take place, it is essential that you seek legal advice as soon as possible. Consulting our specialist lawyers in our Altrincham or Manchester offices is a great first step. We can talk you through your options and help you to decide what is the best way to proceed. Please contact us on 0161 927 3118 for a free 20 minute consultation.