The recently reported case of JK v LM [2020] EWHC (which can be found here) saw Waldrons act for the respondent father, defended an application for return of the children to Ireland.
In the case the mother and father had agreed for children to reside with him whilst she made living arrangements abroad. At the time of the application the children had been living in Wales for over eleven months and by the time of trial, living in Wales for sixteen months.
The proceedings were defended on the basis that the children’s ‘habitual residence’ had not actually changed from Wales, the mother having not settled with the children in Ireland and as a result the application had to fail. Even if that was incorrect, it was said on behalf of the father that a number of defences meant the Court should not order the children’s return. The Court agreed with these submissions and dismissed the application.
The proceedings highlight the need for specialist advice as soon as possible in these proceedings.
If you have received any such application please get in touch with Patrick Sheedy on p.sheedy@waldrons.co.uk or 07773 197536
