Soltalk September 2018 | Page 32

LawTalk

Family case studies

Re-establishing contact for a father who had not seen his 11- year-old daughter for six years
We have successfully acted for a father who has been given a court order for contact with his 11-year-old daughter after six years without seeing her . The child had been removed from England by her mother who had taken her to Spain without the father ’ s consent . Once in Spain , the mother had hidden her whereabouts so the father was unable to play any part in his daughter ’ s life .
The first step was to obtain the assistance of the courts and authorities to locate the mother and child in this jurisdiction . The judicial proceedings took three years to come to trial as it took time to locate the child . Once the court hearing was able to proceed , and after the court-appointed psychological reports on the family had taken place , the Judge ordered contact . As the last contact was many years before , the court ordered a progressive regime with initial meetings at a supervised meeting point .
We are very pleased to say that after a lengthy but successful case the first meetings have now taken place and the outcome has been very good for the child and her father .
The Provincial Court of Málaga confirms on appeal an order for a mother to return to her home country with her son
A British mother has been able to return to her country of birth with her son who was born in Spain to a Spanish father . The application was contested by the father who also applied for custody of the child .
The first court considered it to be in the best interests of the child to live with the mother in the UK . The family were able to show they wanted to bring the child up speaking Spanish and English , and the mother was likely to be able to work and maintain herself and the child in England .
Whilst the original psychological report did not favour the move , the Judge considered further evidence provided to the court and decided to allow the mother to return after more than a year of hearings and deliberations . After a lengthy case that then went to appeal , we were able to confirm the decision of the first court had been upheld by the senior court .
For more information or a confidential meeting , please contact us on family @ decottalaw . net or call 952 52 7014 .
De Cotta Law ( De Cotta McKenna y Santafé ) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office : - Calle Diputación 11 , 29780 Nerja Tel : + 34 952 527 014 - Fax : + 34 952 523 428 www . decottalaw . com E-mail : nerja @ decottalaw . net
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