Case Study B - Mother successful in application to take children with her to Canada

We acted for a mother who wanted to return to Canada with her 14 year old twins. The father and the mother separated in 2010. There was then a series of Children Act proceedings. The mother asked the father whether he would consent to the children relocating to Canada.He refused.

Before our involvement the mother went to Court to try to issue the application. The High Court judge listed the matter on notice so that the father could attend. At the next hearing the father had attended with a senior barrister (QC) he said that the children were not safe with the mother, that there needed to be an interim Care Order. That the risk of the children being with the mother needed to be assessed by what is called a section 37 order. There was also an order that a child psychologist should prepare a report to assist the court. The mother then instructed us.

The children then managed to get their own representation as they were clear that they wanted to relocate to Canada. The court allowed the children to have their own voice in the proceedings. The local authority, where the children lived, confirmed that they were safe living with the mother. The judge at the pre-trial review was very pleased with the detailed evidence provided by ourselves on behalf of the mother and also placed great weight on the children's wishes and feelings. He made an order that the children could relocate to Canada with the mother. The mother was delighted with the outcome and the children are now happily settled in Canada with her.