JMW’s family law team helped a father in Portugal to secure the return of his daughter after she was brought to the UK by her mother without his knowledge or approval.

The Case

JMW acted for a client who was the father of a 15-month-old daughter who was  brought to the UK by her mother. Our client asked us to support and represent him in his application to have his daughter returned to Portugal.

The father and the child’s mother were unmarried and had a turbulent relationship both before and after their daughter was born. They lived together in Portugal until the relationship broke down, when the mother flew to England with the child and did not return.

How Did JMW Help?

JMW acted quickly and prepared the application for the child’s return on the client’s behalf, drafting a compelling case for her to be returned to Portugal.

The mother had made allegations that the father had been psychologically abusive to her and that, as a result, the child had been exposed to domestic abuse and a high-conflict environment. The mother alleged that the child would be exposed to a grave risk of harm if she were to be returned to Portugal, which posed a key challenge for JMW’s family law experts.

JMW represented the client at the hearing, where we overcame these challenges by proposing protective measures that would safeguard the child from the alleged risk of harm. Our client agreed to provide a non-molestation undertaking to the mother, which acts as a binding promise to the court not to carry out a particular action or engage in certain behaviour.

Taking children across international borders can raise complex legal issues, and the JMW family law team is known for having the expertise to act quickly and effectively to determine what steps a client needs to take. Throughout this process, we focused on ensuring the client’s case was effectively pleaded and that the welfare of the child was prioritised.