21st May 2015

Removing child to USA

Berwins acted for the father of a seven year old child whose mother was proposing to remove him from the jurisdiction. The child’s mother had met her new partner who lived in a remote area of the United States over the Internet and was proposing to take her son to the USA to set up home with him. The father was also a US national but the mother was a UK citizen and had lived in the UK for the entirety of her life. Our client was concerned about the viability of the proposed relationship and was particularly concerned that his son had had no opportunity to meet the mother’s new partner. He was also concerned about the implications of him leaving the country due to lack of opportunity for contact with him and other members of the family.

Roundtable negotiations took place between the mother’s solicitor, ourselves and our client and his ex-wife. Eventually further information was obtained and an agreement was reached whereby the mother could take the child abroad but subject to very strict terms in respect of future contact with his father covering such matters as phone calls and Skype calls, holidays and visits. The agreement was formalised into a court order which gave the father considerable protection and enabled him to maintain a relationship with his son moving forward.


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