Court Allows Ex-Wife to Move to USA with her Children

13 September 2016

Clients Situation

Our client was born in New York and moved to the UK over 10 years ago when she met her British husband. They had two young children, and when the marriage broke up our client wanted to return to America with the children to be with her family.

The children’s father objected as the move would mean he saw less of the children and he did not consider it was in the children’s best interests to move.

How We Helped

Our Family Solicitors, who specialise in Children Law, advised the client about her various options when it became clear that the children’s father was strongly objecting to the move. We advised on the appropriate application to be made to the Court and what hurdles needed to be overcome.

We represented the client throughout the application which was a complex case heard in the High Court.

It was necessary for the client to provide a detailed statement with supporting evidence setting out her plans for the children in respect of their housing, education, lifestyle, how their relationship with their father would be maintained, how she proposed the move and associated costs would be funded and the effect on her and the children of her application being refused.

It was also necessary to obtain specialist reports to assess the impact on the children of the move and whether it was in their best interests.

The Outcome

The Court granted our client’s application and she was able to relocate with the children back to the U.S. whilst the children are able to maintain a close relationship with their father through a well thought out plan for holidays and regular visits.

The client was able to rebuild her life with the support of her family whilst the children maintained their links with their father and the UK.

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