Comment to 'COURT FOUND MOTHER’S LACK OF INTENT TO RETURN TO UK A REPUDIATORY RETENTION AND BREACH OF FATHER’S RIGHTS OF CUSTODY.'
  • Cameron McKenzie Similarly Bondelmonte involved the intention not to return from overseas. Watts J decided that the views of the child thus their best interests s60CC(3)(a) were the parmount consideration irrespective of the contrivance of the father. This is similar to best interests reasoning in A v A. In Bomdelmonte I seem to remember that assurances were given upon departure that the father would return the children. From the article the matter above treated the issue more as a matter of contract law and repudiation. Hence I found it interesting. If the contract based approach above was more common, then seeking return from unilateral relocations would be almost automatic if a parent made any promise to return. I will investigate more if repudiation features more strongly in unilateral relocation matters.

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