re: baby Caitlin I felt a bit sad for the Father, but I am biased..
Caitlin had lived most of her short life (9 months old) in Wales, the family came here in December for a holiday...were going to be moving here when she turned 5.
The initial custody decision was quashed by the High Court after Mr Jellicich took Caitlin into hiding for 10 days, which led to the most recent decision.
The reasoning behind moving the case to Wales is that of the Hague Convention, which states that matters relating to custody should be heard in the child's Country of Residence, which in this case is Wales.
On the issue of whether a return to Wales would put the child at grave risk, the judge said Mr Jelicich had been concerned about Mrs Jelicich's mental health history and propensity for violence.
He had referred to her having postnatal depression, having taken an overdose of prescribed medication and cut her legs with a razor after a pregnancy termination in 2002.
Mrs Jelicich had acknowledged she suffered panic attacks after the birth of 11-year-old Emily - born before Mr and Mrs Jelicich met through the internet in about 2000 - and had made one ineffectual attempt at suicide which had been designed to fail.
Mr Jelicich also suffered from depression and was on medication for the condition, the judge said.
Mr and Mrs Jelicich had a volatile relationship, with numerous separations and reconciliations.
"Their difficulties have been exacerbated because they both have a distinct preference to live in their home countries," Judge Fleming said.
"I am satisfied both Mr and Mrs Jelicich have assaulted each other. I am also satisfied their relationship has had some destructive repercussions for both particularly as it has deteriorated."
There was no allegation Mrs Jelicich had ever harmed or threatened to harm her child, and the evidence she produced tended to support her contention she was able to care for her child. |