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Hayley Trim's Analysis: Please just answer the question…

Date:1 MAR 2011

Hayley Trim  Family Law PSLIn October 2009 a mother took her two month old daughter to Reunion Island the mother's country of origin to live there permanently. The father who had separated from the mother shortly after the child's birth and who did not have parental responsibility for his daughter not being married to the mother or registered on the birth certificate found out two days later. This set the scene for applications by both parents in England and in France; first the father seeking the return of the child to England parental responsibility shared residence etc; then the mother seeking sole parental responsibility and a declaration of habitual residence in France. The mother's removal of the child had been lawful since the father did not have rights of custody at the time but the English court ordered the child to be returned to England while the father's applications were determined. The French court made a non-return...

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