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Red flags to look for when spotting financial abuse
Laura Phillips
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Dealing with the relocation of children to another country in situations of family breakdown can be highly complex and challenging – and in most cases, there is no win-win situation for any party involved. The very recent High Court decision in the case of CB v CB [2013] EWHC 2092 shows this. This involved a dispute between an Australian-British dual citizen mother and a British father. Their son, aged 14, had stayed with his father in England after a Christmas visit. This followed a two year period where the mother had relocated to Australia with the child to live on a short-term basis, with the father's permission.
The father had withdrawn that permission and the son had expressed the view he wanted to live in England. The mother brought her case under international child abduction rules (the Hague Convention 1980) designed to ensure the prompt return of the child to its country of residence (Australia in this case). Nevertheless this case shows all the problems of relocation cases where a party seeks to relocate a child in the first place. The court had a particularly difficult decision to make over where the child should ultimately live, Australia or England.
The court refused to return the child to Australia to live with his mother. The son's early life in England was an important factor in this as were his own views and preferences.
Whether the relocation of a child is to another continent, Northern Europe or elsewhere, these cases present highly tricky and sensitive issues. Here are some key tips and advice to keep in mind:
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Laura Phillips
Lucy Bluck
Áine Kervick
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