The South African parents of two girls, now aged 6 and 4, had lived in England with
their daughters for nearly 2 years. The father’s work permit expired in December 2004. The evidence suggested that, prior to that date, the parents had been undecided as to whether they should return to South Africa or remain in England. The father returned to South Africa in December 2004, but the mother decided at the last minute to remain in England with the children. The mother issued proceedings in South Africa for divorce, custody, property division and financial provision.
The father made cross-applications. The mother then issued proceedings in England under the Children Act 1989 and was granted an interim residence order and an interim order prohibiting the father from removing the children from her care or from England and Wales. These proceedings were subsequently stayed on an interim basis. The father applied to the High Court for an order that the English proceedings be stayed on an indefinite basis and for an order for the summary return of the children to South Africa. M v M (STAY OF PROCEEDINGS: RETURN OF CHILDREN)  EWHC 1159 (Fam) Family Division Wilson J 27 May 2005 Read More>>>