High Court grants mother permission to return to Russia

Children|Divorce|News|February 15th 2013

The High Court has given a woman permission to return to Russia with her child.

The case of S v T concerned an English father and Russian mother. They had a child, now one year old, in the UK. When the relationship ended, the child remained with the mother while the father had regular contact.

Later the woman applied for legal permission to return to Russia with her child.

The father opposed this and instead applied for a shared care arrangement, whereby the child would spend four nights a week with her and three with him.

The mother, meanwhile, said that if she was allowed to move back to Russia she would return to the UK four times a year for a period of nine to ten days to allow the father contact with his child. He could also visit her in Russia four times a year.

Sitting in the Family Division, Mr Justice Hedley observed that the parents appeared to be genuine in their motivations. He gave the woman permission to return to Russia, provided she got an order from the Russian courts confirming the proposed contact arrangements. The mother’s desire to return to Russia if the relationship ended had been predictable  when they became parents, the judge said.

Photo of Russian flag next to the Kremlin by Sean Murphy via Flickr under a Creative Commons licence 

Author: Stowe Family Law

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