Refusal to Return a Child After Contact
As demonstrated by the recent decision of ML v JH [2021] CSOH 50, the Hague Convention on International Child Abduction may provide a remedy if a child is wrongfully retained abroad after exercising holiday contact with a non-resident parent.
However, what if the child is not abroad?
Even if there is no international element, a remedy may be sought from the court. An application may be made to the court for orders such as:
- An order for delivery, requiring one parent to return the child to the other parent’s care
- Interdict to prevent the removal of the child
Here at Lesley Anderson Law, we have been instructed in various circumstances where a child has not been returned following contact or a parent has threatened to relocate to another part of the UK or another country with the child. We have been highly successful in securing orders from the court on an emergency or expedited basis, to promote the best interests of the child.
To benefit from advice from an accredited expert in child law, please contact us to arrange a free initial consultation: enquiries@lesleyandersonlaw.co.uk.
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