Crime Solicitors

The High Court has ruled that four children who begged to be able to remain in the UK and live with their wealthy father must go to Australia and live with their mother, who is described as “penniless”.

The Daily Mail reports that the children aged nine to 13 want to remain in the UK with their 38-year-old father, who is a financial consultant. He has recently taken them on expensive trips skiing and to the Middle East and the children have told the court that they like living with him.

The family is English, but they moved to Australia eight years ago. The children’s mother, also 38, has a part-time job in a supermarket in Australia – but has recently been evicted from her home after falling behind with the mortgage repayments.

Her ex-husband used to send her nearly £4,000 a month to support her and the children – but had stopped paying his ex-wife’s mortgage, leaving her “homeless and penniless”, the court heard.

The children’s parents had separated after the father had an affair and he returned to the UK.

The children spent two months with their father in the UK last summer, during their school holidays.

After the holidays, the father advised the children’s mother that they would not be returning to Australia – and as a result she launched a child abduction case.

The court heard that in 2014, the father had sent his ex-wife a text which read:

“I hate you so much ... the truly fair outcome in this is that you get on a plane and come back to the UK and allow me to be a dad.”

The children’s mother had sent him a series of “desperate” messages, including:

“The kids need to be back here. Pls bring them back.”

The High Court has now ruled in the mother’s favour, after a six-month battle between her and her former husband.

Sitting in the Family Division of the High Court, Judge Clifford Bellamy interviewed the children personally and concluded they were “delightful children” who “clearly” wanted to stay in the UK.

The three boys and one girl had told their mother that they wished to remain in the UK because they had friends and family in Britain – and their father had a sense of everything somehow being “better and easier”.

The judge acknowledged that two of the children “have directly expressed the view that they will hold their mum responsible for their unhappiness if they must return to Australia”.

However, he added that the children’s views had been “coloured” by the comfortable existence their father could provide them with – the court heard the children’s father earns £300,000 a year and has a hot-tub in his garden.

“Although I am satisfied the children are of an age and maturity at which the court should take account of their views, “said Judge Bellamy, “I am not satisfied that their wishes, feelings and preferences amount to objections to returning to live in their country of habitual residence.”

The judge suggested the father had exploited his financial advantage to win over the children.


Duncan Lewis Children Lawyers

Duncan Lewis children lawyers can advise on child care arrangements and international divorce – including international child abduction and leave to remove orders, as well as spouse abandonment.

There are Duncan Lewis offices nationwide – and Duncan Lewis can advise on family law under UK law and Islamic law.

For expert legal advice on family law and child care arrangements, call Duncan Lewis children lawyers on 020 7923 4020.