Mother loses appeal against order she cannot take her child to Cyprus
A mother who claimed to be “petrified” of her former partner has lost her appeal against an order forbidding her from taking her child to Cyprus.
The parents of the two year old boy had separated and the mother had won a ‘non-molestation order’ prohibiting him from threatening behaviour, as a number of serious allegations has been made about his behaviour, including drug addiction, domestic violence and giving a ‘noxious substance’ to the child.
However, the woman failed to attend to attend family court hearings , saying she was ‘petrified’ of her former partner. In her absence, the father was also granted a ‘prohibited steps’ order, which prevents parents involved in a custody dispute from taking certain actions in relation to a child.
The mother, who has family in Cyprus, appealed against the order.
Sitting at the Court of Appeal earlier this month, Lord Justices Sullivan and Ryder and Lady Justice Black said the original judge had been right consider the risk of the child’s removal from the country and the order had been proportionate in the circumstances.
Photo by Salihan Laugesen via Flickr under a Creative Commons licence
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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