Court Unsympathetic When Mum Takes Law Into Own Hands

1st September 2017 By Arman Khosravi

No matter how much you may be tempted, taking the law into your own hands is not a good idea.

When a mother who was divorcing her husband in Hawaii obtained the agreement of the US court to take the couple’s children, aged 9 and 11, back to the UK for a holiday, she completed the first part of the trip but refused to return the children as had been agreed.

Her husband sought, by way of proceedings under the Child Abduction and Custody Act 1985 and the 1980 Hague Convention, to have them returned to Hawaii where a hearing to determine their future residence had already been scheduled.

The mother’s reluctance was on the grounds that, if she did return to Hawaii with the children in order to attend the proceedings, they would face physical or psychological harm and that they wished to remain in the UK with her and were of an age where their feelings should be given weight by the court.

As is common in such cases, numerous allegations were made by each of the parents regarding the behaviour of the other which it was not possible to substantiate.

Despite the fact that the children had expressed a wish to remain in the UK, the judge could see nothing untoward in their father’s proposed arrangements for safeguarding them in the short period before the custody hearing to determine their futures was due to take place in Hawaii. The presiding judge considered that the mother’s objections were ‘flagrant’ and that her ‘action was deliberate and pre-meditated, and that she had actively sought to avoid detection by the father’.

Source: Concious

Latest News

Another Sad Tale of a Farmer's Disinherited Children – High Court Ruling

24th November, 2023 By

The tale of a devoted son labouring for years on a family farm only to be cut out of his father's will is so often told as to be almost a cliché. However, as a High Court ruling showed, such stories are often reflected in the sad and recurring reality of agricultural inheritance disputes. When he died, a father was the beneficial owner of a 20 per cent stake in his family farm. He also held a 25 per cent share of a company that ran a market gardening business...

Family Judge Treads the Blurred Boundary Between Life and Death

21st November, 2023 By

The ability of modern medical technology to keep patients' hearts beating and their lungs ventilating has led to a blurring of the boundary between life and death. As a High Court ruling showed, it sometimes falls to family judges to make the desperately hard decision as to when that line has been crossed. The case concerned a young man who fell to the ground after being assaulted in a pub garden, sustaining a catastrophic brain injury. He was admitted to hospital in a deep coma and, following weeks of observation...

False Claim to Be a Cash Buyer Ruled Fraudulent in Ground-Breaking Case

16th November, 2023 By

In coming to the aid of a frail and elderly householder, the High Court has ruled in a landmark case that she was on the receiving end of a fraudulent misrepresentation when a would-be purchaser of her home was falsely described to her as a cash buyer. A copy of a contract before the Court indicated that the woman, aged in her 80s, had signed a contract agreeing to the sale of her home for £840,000. Following a purported exchange of contracts, the purchaser, an investment company, launched proceedings against...

Sometimes Parental Love is Not Enough – Court Sanctions Boy's Adoption

13th November, 2023 By

Parents may be worthy of praise and deeply love their children, but it sadly does not always follow that they are able to provide them with a stable home. The High Court made that point in sanctioning a little boy's placement for adoption. Due to concerns that he was not receiving a good enough standard of parenting, a local authority placed him in temporary foster care and sought care and placement orders. His parents, although separated, staunchly resisted plans for his adoption, arguing that his mother was able to look...