Complex jurisdiction case involving three countries

Private Law (Child Arrangements Programme (CAP))

28 November 2023

Corey acted for the mother of a very young child of dual nationality born in the UK to remove the child from the jurisdiction of the UK permanently. The mother was Chinese, the father Italian. The mother wanted to return to China permanently, but the father opposed her emigration with the child.

The case required a clear understanding of the law involved, and the ability to communicate with a client whose first language was not English. Corey gave careful guidance about the evidence that was needed for a successful outcome, enabling his client to understand the case and obtain the necessary evidence from China, which Corey presented.

After a contested final hearing, the court was persuaded to give the mother permission to relocate to China on the basis that father would have contact with the child in the UK, in Italy and in China.

In such cases the UK courts require the party emigrating to obtain a court order in the destination country for the other party to have contact with the child (a ‘mirror’ order), to ensure contact takes place.

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