L V L (2002) [2002] EWHC 2577 (FAM), [2003] 1 FLR 900, Fam Div (Johnson J)

Application by a mother for leave to remove her children from the UK to live with herself and her new husband in the USA. The children, born in 1989 and 1990, had lived with their mother since their father left home in 1999. The mother remarried in 2002 and her new husband was offered advantageous employment in the USA. The mother wished to remove the children to live in the USA. The father opposed the application on the grounds that: (i) the children would miss the frequency of contact with him, and (ii) since the daughter had a learning disability, the move would be disadvantageous to her because she was well settled in her current school in the UK.

Held:

1. The independent professional witnesses had overstated the risk inherent in the daughter’s removal to the USA and attached insufficient weight to the role of the mother who had been outstanding in her care of and commitment to her daughter.
2. In the USA step-by-step programmes would be provided for various aspects of the daughter’s development and the facilities on offer were as good as or better than her present arrangements.
3. Considering both the children’s wishes and the father’s opposition, the court concluded that the mother’s proposals were in the best interests of the children.

The mother’s application was granted. The father’s application for residence was refused.