Consent Leaving the Country
Family and Children
In the case of Re D (Children) (Abduction), the Court considered the mother’s application for the children to be returned to live with her in France.
The parties and the children in this case were French, but had moved to England in 2012.
The parties’ relationship ended in 2013 and the Mother applied for permission to remove the children from the jurisdiction and take them to France to live with her.
An Order was subsequently made confirming the parties agreed the children could return to France to live with the Mother.
Therefore, the Mother and the children moved to France in 2014.
It was agreed that in 2015 the children could fly to England with to stay with their Father from 26 June until 30 July.
Whilst the children were in England, the parties had exchanged a number of emails in which they were arguing over the children and money.
The Mother emailed the Father on 23 July to organise collection of the children.
The Father responded by confirming he had enrolled the children at a school in England, registered them with the authorities in the UK and therefore the children would be remaining with him in England on a permanent basis.
The Father did not return the children on 30 July, as agreed.
As such, the Mother applied to the Court for the children to be returned to France.
The Father argued that the Mother consented to the children remaining in England. This is because within the exchange of emails between the parties, the Mother stated “Okay, take custody.” However, the Mother had subsequently confirmed it would amount to abduction if the children were not returned to her.
The Mother argued there was not an agreement. However, the Mother stated even if there was an agreement, it was clearly withdrawn after she emailed the Father to arrange for the children to be collected.
After considering the evidence, the Court confirmed that the Mother’s email did not amount to consent and was sent in anger and in the heat of the moment.
Therefore, the Court ordered the children to be returned to France to be with the Mother.
If you need assistance in respect of your matrimonial affairs, whether this is in respect of issues concerning a divorce and the related financial aspects, children, injunctions or cohabitation disputes, please contact our offices on 01323 727321 to arrange an appointment.
Please note that the family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.
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