When the marriage of a Spanish couple who were both resident in the UK broke up, the wife returned to Spain, taking their son with her, whilst her husband remained in the UK.
Both mother and father applied for a residence order for the boy, now aged eight. The judge made a shared residence order, allowing the boy to stay with his mother in Spain and his father to have access to him for holidays.
The boy showed no particular preference towards either parent. He seemed to be equally content living in either country and has no relations other than his father in the UK.
The father was not satisfied with the order and appealed against it. On appeal, the decision was confirmed.
Says Karen Moores of Sydney Mitchell, “Residence arrangements where the parents are in different countries are fraught with problems. The court will always consider the best interests of the child to be paramount, and factors such as support from a wider family group and stability of education will carry weight.”
For advice on all aspects of the law relating to family break-up, contact Karen Moores on 0121 700 1400, email k.moores@sydneymitchell.co.uk or fill in our online enquiry form.
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