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Sussex dad loses fight for kids
7:00am Thursday 28th February 2013 in News
A dental nurse has won a legal fight with her estranged British husband about where their two children should live – despite her “abysmal” conduct.
A High Court judge agreed to the woman’s application to relocate the children to Australia, even though he described her treatment of their father – a sports masseur – as “selfish and autocratic”.
Mr Justice Mostyn concluded that it was in the children’s best interests to live in Australia, rather than Eastbourne, and said he had to “eschew any temptation” to punish the woman.
He gave details of the case in a written ruling after hearings in the Family Division of the High Court in London.
The woman took the children to Australia after the marriage ran into difficulties, but they were sent back to Britain under the terms of international law.
“This was an open and shut case of child abduction,” said the judge. “The mother's conduct was abysmal. It was an act of deliberate cruelty to her husband, the father of her children.”
But Mr Justice Mostyn said both parents had now agreed to live in Australia and share custody of the children.
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