fbpx

Possible Separation From Mother Intolerable, Rules Court

13th August 2018 By Arman Khosravi

Relationships that start on the Internet are already leading to some interesting situations. A recent family case involved a British woman who had met a Pakistani man online and married him in the USA, where the couple had two children.

Her husband had been taken to the USA as a child, and is strictly an illegal immigrant, although he does not face deportation because as a child immigrant he has ‘deferred action’ status. However, were he to leave the USA, his readmission would be unlikely. His wife had irregularities associated with her time in the USA (which had originally been under a 90-day tourist visa) and she might not be allowed to re-enter the country.

The mother returned to the UK in December 2016 with the two children, who are dual-nationals. The father applied to have them returned to the USA. A judge decided that the children should be returned to their father whether or not the mother could obtain a US visa.

She appealed against the decision and the Court of Appeal, applying the law set out in the 1980 Hague Convention on Child Abduction, concluded that the return of the children to the USA without their mother would enforce an indeterminate separation and that this was intolerable. The children would return to the US only if the mother were granted a visa.

The father was granted permission to return to the Court if the mother does not pursue a visa application.

Source: Concious

Latest News

Award That Requires Borrowing Made Into Court Order

17th May, 2024 By

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in financial remedy proceedings can be made into court orders even if that would require one of the parties to borrow money. The couple had previously had a relationship lasting a few years before resuming their relationship in 2015. They had two children before separating again in 2019. Following their separation, the...

Inheritance Disputes – Costs Risks Can Be Reduced

15th May, 2024 By

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case illustrated. A man had left a farmhouse and agricultural land in Cornwall to his wife, with whom he had also jointly owned a neighbouring area of land. After his death, one of the couple's daughters and her husband claimed that he had told them he wanted them...

Share Rounding Error Does Not Prevent CGT Relief

13th May, 2024 By

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to Entrepreneurs' Relief on the disposal of his shares in a company, despite owning one share fewer than he needed to qualify for it. The investor had agreed to purchase 5 per cent of the shares in the company for £500,000. He wished to own...

Wife Entitled to Maintenance Until Sale of Family Home

10th May, 2024 By

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife that she should receive maintenance payments until the sale took place. The couple had married in 2006. Following a brief separation, they had reconciled for two years before finally separating in 2022. The husband and wife both contended that they should be entitled to about...