Date: 17 May 2016

Win for BEST on Hague Convention Case

Hague ConventionThe Background

A client was recently referred to Best Solicitors from another firm of solicitors.

This case concerned a mother and two daughters who had moved from Lithuania to the UK and father said this was not with his consent.

The eldest child had settled in school. The children had previously had two visits back to Lithuania for contact with their father.

The father was unhappy with this arrangement and made an application to the Central Authority here in the UK and the matter was heard before the High Court in England.

Hague Convention Case

Donna Tilbrook took instructions from the eldest child who objected to returning to Lithuania due to her commitment to school and her GCSE’s, saying her education would be compromised if she was to return to Lithuania. She wished to stay in the UK to complete her studies.

This matter was before the High Court for a contested hearing. Prior to the hearing being fully contested father capitulated and agreed that he would not proceed with his application for the children to be returned to Lithuania and he would reconsider the position when the eldest child reached 16 years of age and had completed her GCSE’s.

This meant that the younger child who had no view on the matter was able to remain in the UK as the Court would not ordinarily want to separate siblings.

Expert Opinion

Donna Tilbrook comments, ‘This was a fantastic result for the family. The case was dealt with within a four week period and all matters were resolved amicably.’

‘This is a classic example that if you have experienced solicitors dealing with Hague Convention cases they can often be dealt with more quickly to achieve a positive and speedy resolution. Generally relationships between the family are maintained to ensure that contact can still continue.’

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