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Separation results in mother wanting to return to homeland with child

15 April 2011

We represented a father who had separated from his partner and who he had a three year old child with.

When the parties separated, the mother said that she wanted to return to Indonesia where she was from.

The father strongly opposed this and we issued an application for a Shared Residence Order under the Children Act 1989.

The mother’s application to relocate was refused as we persuaded the Judge that her motives were selfish. She had not made any plans as to where she would live or what contact arrangements would be put in place. Our concern was that Indonesia was not a member of the Hague Convention and therefore, we would have difficulty in enforcing any Contact Order.

We persuaded the Judge to accept that the removal of this child from the father’s life would severely affect the child’s welfare. The reduction in contact would have a negative effect on the child and would outweigh any benefits he may gain from a new life in Indonesia.

The Judge Ordered that shared care in the UK should continue.