Family Law

(Court of Appeal; Lloyd and Patten LJJ and Sir Mark Potter; 18 April 2011)

The Canadian father applied for leave to remove his two boys to Canada. The children were born and raised in England. The English mother was the primary carer. The boys, aged 16 and 12, wanted to move with the father. They had visited Canada three times, and had relatives there. Judge granted father's application based on views expressed by boys. The mother appealed.

The mother's appeal was allowed in respect of the younger sibling. The judge had failed to consider each child's welfare individually and had not therefore recognised that the welfare interests of the children were at odds in light of their different ages. With additional developments, it was in the interests of the younger child for the status quo to continue.

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