High Court tells mother to return son to father in Spain

By Lenore Rice

A woman who returned to England with her son in breach of an order by a Spanish court has been told that she must return the boy to his father.

The Family Division of the High Court in London heard that the couple met in Spain and had a five year relationship before separating. The two parents overcame drug addiction problems and the father has spent five months in jail in respect of drug trafficking offences. A Spanish court ruled the son should live with his father in Spain but the mother fled to England with him. She has been told that the Spanish order must be enforced, but that she could of course apply again for custody when she returns to Spain.

The case highlights the complications that can arise in a relationship involving two parents from different countries. In the event of a separation the partner who has left their country of residence will often want to return to their home country, but that of course then becomes complicated if they had children. Court orders in such cases will almost always result in one of the parents facing the options of not being in their home country, or returning home at the expense of greatly reduced contact with their children if they were not awarded residential custody.

If you require legal advice from a divorce solicitor in Northern Ireland contact Wilson Nesbitt in Belfast by calling 0800 840 1363.