5th May 2010
A father from Gloucestershire who alleged that his wife had abducted his child has failed to have his son returned to England from South Africa despite his application under the Hague Convention, it is reported in Legal Brief Today.
The man, a hotelier by trade, allowed the son to leave with his then wife to go to a family wedding in February 2009, with an agreed return date for the pair. However, the mother failed to return with the two-year-old boy and the couple's marriage subsequently broke down. The couple are reported now to be seeking a
Family law papers submitted to the Pretoria High Court by the child's mother alleged that she had been subjected to violent outbursts by her husband and that the child may be at "serious risk of harm" if he was returned to the father.
She also claimed that the couple had discussed a divorce in January 2009, before the trip to South Africa.
The judge found that the father had consented to the boy leaving the UK and that his application had not been sincere. The case was dismissed with costs.
