O v O [2013] EWHC 2970 (Fam) – Family Law Week


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O v O [2013] EWHC 2970 (Fam)
Family Law Week
Both before and after her birth, the family were based in the United States of America but travelled, as I understand it, fairly regularly to Australia, to Thailand and to the United Kingdom.

waine-warren‘s insight:

Introduction
2.  I am concerned with one child, M, who is nine years of age.  She has a sister, S is two years of age.  The mother of both children is the applicant, who is 40 years of age and the father of both children is the respondent to this application, is the father, who is 46 years of age.

3. There are two applications before me, one under the inherent jurisdiction of the High Court to order the return of M to the United States of America and, secondly, a similar application under the Hague Convention.  The father opposes both applications.  He asserts in the first instance that M should remain in this jurisdiction and living with him or, if there is to be an order made under the Hague Convention, that she be sent with him to Australia for the Australian courts to determine welfare and, thirdly, if the court were to order a return of M to the United States of America, he would not go there to live with her although he may accompany her on the flight to the United States.

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