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Father wins right to have daughter returned to England

Posted: 1st May 2014   In: , Family Law - Luton

The father was fromScotlandand the mother fromItaly. The daughter had spent her life living inEnglanduntil 2010 when the couple divorced.

The father agreed to let his former partner take their daughter to live inItaly, on the basis that he still had parental responsibility and was allowed regular contact.

In 2013, the mother returned toEnglandand put her daughter in a local school. The father applied for residency, with the belief that his daughter was now set to remain inEngland.

Before courts grant residency of a child to one parent over the other, specific assessments must be carried out by officials regarding the requirements of the child and the best long term solution.

However, the mother took the girl back toItaly, before the assessments had been made.

She requested that the case be dealt with inItaly.

The father took action requesting a court order for the return of his daughter so that the residency assessment could be carried out.

The court ruled in favour of the father and ordered the mother to return her daughter to England. It pointed out that the residency order should be dealt with in England, as the process was already underway and the court was familiar with the details of the case.

The daughter could live with her father if the mother didn’t return with her.

Please contact Siobhan Thompson if you would like more information about the issues raised in this article or any other aspect of family law.