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Girl must return to her mother despite her wish to stay in UK

Posted: 4th February 2015   In: Family Law - Berkhamsted, Family Law - Luton

A court has ruled that a teenage girl must live with her mother in Mexico, despite her wish to stay in the UK with her father.

The family had lived in England until the parents divorced. The Mexican mother then returned home and took their three children with her.

Four years later the youngest daughter returned to her British father in England, without the knowledge or consent of the mother.

The girl, who was now 15 years old, felt she could get a better education in England. After she returned, she witnessed her uncle assault his wife and called the police. This caused problems in the family and she could no longer stay in her father’s house.

The social services intervened and the girl was able to move back in with her father. She maintained that she wished to stay in England.

The court ruled that the girl had been wrongfully removed from her home in Mexico. While the girl was genuinely passionate about staying to receive her education in England, the rationality of her dismissal of Mexican schools was questionable.

Neither the girl nor her father had researched the suitability of English schools. The stability of the father’s home was also a concern. The girl would find education more difficult when she couldn’t rely on a settled and secure home.

The court ruled that the girl should return to Mexico and that any future visit to England would need to be planned and agreed by both parents.

Please contact Siobhan Thompson or Paul Owen for more information about the issues raised in this article or any aspect of family law.