Just a bit a quick background information for the new people coming to the site.
The website is based around my daughters case which began in Decembr 06 and ended in July 07. I found myself in a desperate place not knowing where to turn.

My mum and I trawled the internet for hours not really understanding what was really happening and how it could be, that we were being forced to flee our own country where myself and my daughter were born. The UK in the meantime opening the doors for thousands of europeans to enter as they wished. It was inconceivable.

I made an appointment as soon as I could with what I thought were the best family law firm in my town and so they were but the Hague Convention is so little spoken about even amongst Lawyers, that it was way above their heads. I had absoloutley no idea of the complexity of what I was faced with.

After buying some time with DNA testing so that my daughter could have a normal family Christmas an order was made for us to return to Spain in January. I can't begin to explain how I felt in that court room. The sheer helplessness turned into something else when I turned around and saw my ex partner laughing, that was the moment that I found my strength.

From then on with the support of my fantastic Mum I fought. The first move was to change solicitor on the advice of my local MEP Edward-Macmillan-Scott. After going through the files with a fine toothed come there were several things that we picked up on.
The main one being that under the Brussels II revised legislation my daughter had the right to have her wishes and feelings taken into account. So we appealed with the best QC in the country.

My daughter was said to be in agreement to going to Spain on the basis that she liked the hot weather and the beaches, even though she still fears her father to this day.

The QC also came up with the question of parental rights, did the father actually have the right to start these proceedings in the first place? Insane! As it happened he did but surely this should have been certain before we were put through hell and thousands were spent in legal fees.

Eventually my ex gave in it was costing him too much, even though he instantly gets legal aid as the left behind parent he had to cough up to be re-embursed later and he's was worrying that he wasn't going to get the money back.

Via a telephone conversation we came to a decision to go to mediation to enable us with the help of proffessionals to draft up an agreement. The agreement then was made a legal documant in the High Court.

Although I had to agree to visits to Spain once he had signed the agreement saying that our daughter was resident in England it was all over.

Things are still unclear at the moment as after 2 visits to Spain my daughter is saying that she doesn't want to see her father. I don't know where we go from here but it won't be Spain thats for sure.

stacey's blog | login or register to post comments