The first time I came to the UK 'illegally' and unwittingly and was returned to France in Oct. 2005 ( or my children were and I followed them).
I then proceeded to apply to return to the UK in the correct manner and won. I returned, legally, to the UK in Sep 2006 last year.
However, the decision was appealed (within the three months specified by the Brussels II rev. convention) and the first decision was totally and inexplicably reversed; it gave residence of the children to their father (for the first time ever as I have always been the primary carer!). The children and I were totally devastated (you can read my story under 'your stories').
I had no choice but to go against this ruling, in order to protect the best interests of my children, which, I felt, had been totally ignored in this new decision.
I have, since, succeeded in getting a CAFCASS report made in the UK which showed my children's strong objections and this has been sufficient in providing 'new circumstances' with which to make a new order, rendering the previous appeal decision as invalid.
I am now hoping that this will not be appealed again and that, if so, the appeal court in France does not ignore the strong objections of the children.
The UN Convention on the Rights of the Child states that the views and welfare of children must be the primary consideration in any decisions made about them and this has, until recently, been ignored in cases concerning the HC or Brussels II revised Convention.
Take care,
Kim