A sister and her brother have successfully managed to revoke an order made in an English family court forcing them to return to the UK to live with their mother.
The judgment for this case features several interesting legal principles which enabled the order to be revoked. However it is of greater importance for the weight it placed on the children’s wishes and feelings in an exceptional case which highlights the balance that needs to be struck between damage caused by forceful removal and any damage caused by parental absence.
The family law case involved a Spanish mother, Belgian father and their children who lived in the UK while the parents were married. Upon the parents separating, the mother remained in the UK and the father left for Spain. Divorce proceedings were initiated in England.
During the divorce proceedings, the children were ordered to live with their mother during a…
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