Barrister St Philip's Chambers, Birmingham
One of the most vexed problems for the family courts and one of the most divisive of issues for parents arises from the failure of a non-resident parent to return a child to the resident parent at the end of ordered and/or agreed contact. In this three part article the author considers the fraught issues of such retention. These situations most commonly stem from the non-resident parent making one or both of the following assertions:
(a) the child does not wish to return home; and/or
(b) the child has been harmed while in the care of the resident parent/is likely to be harmed if returned.
This article (over three parts) principally analyses (and discusses the potential consequences) of Re H (Children) (Residence Order)  EWCA Civ 529. Consideration is also given to Re B (A Minor) (Residence Order: Ex Parte)  Fam 162,  2 FLR 1 and Re K (Procedure: Family Proceedings Rules)  EWCA Civ 1827,  1 FLR 764. It is argued that a clear and detailed understanding of these cases, especially Re H, is vital in order to steer these difficult cases to a proper and speedy conclusion.
To read the rest of this article, see May  Family Law journal.
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