The Family Division of the High Court has granted a mother’s application for her younger daughter, who was living with her father in the USA, to be returned to the UK.
The mother and father had decided to separate in 2020 but, due to the COVID-19 pandemic, continued to live together until 2022, when the mother moved out. By then there were serious tensions in the household which had an impact on the children.
The father later formed a relationship with a woman in the USA and wanted to move to be with her. A consent order was made providing for the children to live with him and allowing him to remove them to the USA. However, the older daughter was refused a visa and remained in England, living with the mother, while the father and the younger daughter moved to the USA.
Since then, the younger daughter had had no contact with her mother or sister. There was evidence that she had been deeply unhappy about the move almost since her arrival and had made efforts to return to the UK. Her mother applied to amend the consent order to allow her to return. Her father opposed the application, saying that there should be a more extensive welfare enquiry before the Court considered whether to make a return order.
The Court considered a wishes and feelings report prepared by the girl’s guardian. The report said that she had originally wanted to move to the USA on the basis that her sister would also be going and she would maintain regular contact with her mother. The reality of her situation was so different from what she had been led to believe that she had lost all trust in her father. She was adamant that she wished to return to the UK.
The Court noted that the move to the USA had been consensual and not an abduction. However, the girl had previously lived all her life in the UK and her connections to the UK were far more substantial. Her time in the USA had been disrupted, unhappy and isolated, and she had remained there contrary to her expressed views.
In the Court’s judgment, the factor of primary importance was the girl’s views. It was satisfied that they were sincerely and very strongly held. They had been repeatedly made clear to her mother and her father, and had been noted by independent third parties.
Considering the father’s position that further investigation should take place, the Court found that it was not necessary to put the matter off and it would be contrary to the girl’s wellbeing to do so. The Court had ample information to make a decision. Having carefully considered all the evidence and submissions, the Court concluded that an order for the girl’s return to the UK should be made as being clearly in her best interests.