The court on Tuesday dismissed her application for leave to appeal against an order made by the Western Cape High Court in October last year, which ordered the children's return to Thailand.
The Supreme Court of Appeal has dismissed an appeal by a woman who removed her children from Thailand, where they stayed, to SA without the consent of her former husband. Stock photo.The Supreme Court of Appeal has ruled against a woman who unilaterally removed three children, of whom she had shared custody with her former husband, from Thailand and brought them to SA in December 2019.
The family resided in Thailand from 2016 and the couple was divorced in June 2018, in accordance with Thai law. In terms of the agreement which regulated the divorce, both parents After failed mediation attempts by the man to secure his visitation rights, he filed a petition with the central juvenile and family court in Bangkok.
The man then approached the office of the attorney-general in Thailand to secure the prompt return of the children under The Hague Convention on the Civil Aspects of International Child Abduction. “This because the appropriate forum in Thailand will be confronted with this issue and it is inappropriate to make any determination on the papers in the manner they have been raised,” Salduker said.
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