Contact and residence orders in Family cases

Filed under : Family Law

Re-establishing contact for a Father who had not seen his 11 year old daughter for 6 years

We have successfully acted for a father who has been given a court order for contact with his 11 year old daughter after 6 years without seeing her. The child had been removed from England by her mother who had taken her to Spain without the father’s consent. Once in Spain the mother had hidden her whereabouts so the father was unable to play any part in his daughter’s life.

The first step was to obtain the assistance of the Courts and authorities to locate the mother and child in this jurisdiction. The judicial proceedings took 3 years to come to trial as it took time to locate the child. Once the court hearing was able to proceed and after the Court appointed psychological reports on the family had taken place the Judge ordered contact. As the last contact was many years before the court ordered a progressive regime with initial meetings at a supervised meeting point.

We are very pleased to say that after a lengthy but successful case the first meetings have now taken place and the outcome has been very good for the child and her father.

The Provincial Court of Malaga confirms on appeal an order for a mother to return to her home country with her son

 A British mother has been able to return to her country of birth with her son who was born in Spain to a Spanish Father. The application was contested by the father who also applied for custody of the child.

The First court considered it to be in the best interests of the child to live with the mother in the UK. The family were able to show they wanted to bring the child up speaking Spanish and English and the mother was likely to be able to work and maintain herself and the child in England.

Whilst the original psychological report did not favour the move, the Judge considered further evidence provided to the court and decided to allow the mother to return after more than a year of hearings and deliberations. After a lengthy case that then went to appeal we were able to confirm the decision of the first court had been upheld by the senior court.

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