Hague Convention Application Dismissed

Watkins Solicitors' International Family Department had a recent success in the High Court in London.

The firm acted for a mother who was a Ukrainian citizen and had two children with a French father. Following the war in Ukraine, the Mother and children fled to England.

The Father made an application alleging that the children had transferred their habitual residence to France during an extended holiday. Therefore the children should live in France with the Father.

Sheldon Price and Andy Kerese spent considerable time closely analysing the Father's evidence, carefully drafting detailed statements and collating evidence from 3 separate legal jurisdictions to successfully argue that the children's habitual residence had not transferred to France. After hearing the Mother's persuasive legal submissions and relying on the Mother's detailed statements, the Court dismissed the Father's application. It is rare for such Hague Convention Applications to be dismissed, and a great relief for the Mother and her children, who are now able to carry on with their life in England, although they still hope to return to live in Ukraine at some point in the future.

If you have experienced an international family law issue, such as being accused of removing your child(ren) or seeking legal advice on moving to another country with your child(ren), please contact our International Family Law Department.