What happens if you are married to a non-British citizen and he/she decides to they want to relocate to another part of country or world with your child
Unfortunately marriages do break up and this can be very difficult when one of the parties is a non-British citizen. What does the law say will happen in these cases?
In the case of JAL v LSW, where Judge Williams J. had to consider whether a child should live in this country under the care of the father or whether the mum should be allowed to take the child to live permanently in Hong Kong with her. The mother had previously abducted the child to Hong Kong having made allegations that she had been emotionally and physically abused by the child’s father but she had been ordered to bring the child back to this country. For full details of this case go to JAL v LSW [2017] EWHC 3699 (Fam)
http://www.bailii.org/ew/cases/EWHC/Fam/2017/3699.html
So what will the Court consider when making a decision as to whether a child should be allowed to relocate to another country with one parent? The following matters must be taken in consideration:
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
- the child’s physical, emotional and educational needs
- the likely effect on the child of any changes in his circumstances
- the child’s age, sex, background and any characteristics of his which the court considered relevant
- any harm which the child has suffered or is at risk of suffering
- and how capable each of his parents—and any other person in relation to
whom the court considered the question to be relevant—is of meeting his
needs
In this instance Judge Williams ruled that as he considered that the mother would not encourage a positive relationship between a father and a child if she was allowed to relocate to Hong Kong it was in the child’s best interest that the child should make his life in England in the shared care of both parents.
If you or someone you know is in similar situation and need legal assistance give us a ring on 07940384785. Don’t forget you can also book a FREE LEGAL ADVICE SESSION at Chelmsford Library, every Monday from 9am to 12am
This article is for information purposes only.
# affordablelawforyou@gmail.com
#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
Unfortunately marriages do break up and this can be very difficult when one of the parties is a non-British citizen. What does the law say will happen in these cases?
In the case of JAL v LSW, where Judge Williams J. had to consider whether a child should live in this country under the care of the father or whether the mum should be allowed to take the child to live permanently in Hong Kong with her. The mother had previously abducted the child to Hong Kong having made allegations that she had been emotionally and physically abused by the child’s father but she had been ordered to bring the child back to this country. For full details of this case go to JAL v LSW [2017] EWHC 3699 (Fam)
http://www.bailii.org/ew/cases/EWHC/Fam/2017/3699.html
So what will the Court consider when making a decision as to whether a child should be allowed to relocate to another country with one parent? The following matters must be taken in consideration:
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
- the child’s physical, emotional and educational needs
- the likely effect on the child of any changes in his circumstances
- the child’s age, sex, background and any characteristics of his which the court considered relevant
- any harm which the child has suffered or is at risk of suffering
- and how capable each of his parents—and any other person in relation to
whom the court considered the question to be relevant—is of meeting his
needs
In this instance Judge Williams ruled that as he considered that the mother would not encourage a positive relationship between a father and a child if she was allowed to relocate to Hong Kong it was in the child’s best interest that the child should make his life in England in the shared care of both parents.
If you or someone you know is in similar situation and need legal assistance give us a ring on 07940384785. Don’t forget you can also book a FREE LEGAL ADVICE SESSION at Chelmsford Library, every Monday from 9am to 12am
This article is for information purposes only.
# affordablelawforyou@gmail.com
#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
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