Family Law Hub

Relocation

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  • The mother appealed against an order that she pay £109,394 in respect of the father's costs of a previous appeal. She had dropped that previous appeal after an attempt to bribe a Russian police officer (to instigate criminal charges against the father) led to her imprisonment. King LJ found that the judge had the jurisdiction to make the order for costs, and had made a decision within the ambit of his discretion. However, counsels' fees were unreasonable, and the appeal was allowed on that ground. The sum to be paid was reduced to £78,144. Underhill LJ and Moylan LJ agreed. Judgment, 22/07/2019, free
  • The father applied for the summary return to Germany of his two-year-old daughter, after the mother did not bring her back from a holiday. However, the father had not applied in the German courts for custody or contact, nor had the mother applied for custody, and Mostyn J criticised them for instead "devoting all their forensic energy to fighting this procedural battle". He found that the father had acquiesced in Article 13.1(a) terms to the daughter's continued living in the UK, and it would be precipitate to order her summary return before the matter had been brought before a German court. Judgment, 03/06/2019, free
  • The mother made an application under the Hague Convention for the return of the son to New Zealand. The father had expressed concerns about the child's well-being in his mother's care. Darren Howe QC had to proceed on the basis that there was a risk of harm, but he noted that there had been improvements in the mother's parenting, and accepted her undertaking to prevent contact between her partner and the child. The father had not proved a grave risk of harm or an otherwise intolerable situation for the son and the defence therefore failed. An order would be made for the return of the son to New Zealand. Judgment, 08/05/2019, free
  • The mother made an application under the Hague Convention for the return of the son to New Zealand. The father had expressed concerns about the child's well-being in his mother's care. Darren Howe QC had to proceed on the basis that there was a risk of harm, but he noted that there had been improvements in the mother's parenting, and accepted her undertaking to prevent contact between her partner and the child. The father had not proved a grave risk of harm or an otherwise intolerable situation for the son and the defence therefore failed. An order would be made for the return of the son to New Zealand. Judgment, 08/05/2019, free
  • The mother took the children to Ukraine on an agreed holiday and did not return them. The father sought an order that would permit certain information about the case to be publicised. Mostyn J decided that the mother, her new husband and her father (a former Vice-President of Ukraine) could be named and their photographs published. Judgment, 23/04/2019, free

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