Landmark Expat Divorce Case

A Canadian Expat was denied the right to take her two young children home with her in what could be a precedent setting case.

London, UK (Pryce Warner International) August 25th, 2011 – After a hearing in the UK court of appeal, a Canadian mother with children aged four and two was denied the right to return to Canada with her children.

After an initial hearing in which the Judge ruled that she could return with her children, her husband launched an appeal that he won on the grounds that he played too large a role in the children’s lives.

The Judge deemed that the harm caused to the children from reduced time with their father outweighed the damage potentially caused by the distress of the mother if her application was refused.

The father had been caring for the children two nights per week or 35% of the time.

Resolution, a family lawyers group, estimates that there are over 1000 cases every year in the UK in which a parent is granted permission from the courts to leave the country with children after a divorce.

Though it is generally the mother that applies for this rule, fathers are also allowed by law to do the same.

This is a landmark case as previously the general rule was that if the primary caregiver’s proposal for relocation was denied, it was considered that the emotional impact this would have would also negatively impact the children involved.

Now it seems that if the parents share the responsibility of child care, the application will be more likely to be denied due to the increased role that the father is considered to have, and therefore the greater negative impact on the children if they were allowed to leave the country.

The decision has already proved controversial, with some critics stating that it potentially makes shared parenting more difficult, as one parent may apply for it simply to hold control over the other, and also that obstinate parents now have a veto power. Despite this some have praised the decision for recognising the increased role that fathers play in shared parenting situations.

With international divorces becoming a more common phenomenon, this new decision highlights that in the UK the main priority when considering a ruling will be the welfare of the children.

David Harra, a Senior Market & Investment Analyst with Pryce Warner International, a Financial Services Provider for Expats, commented: “Divorces are always a difficult time for families and though not an easy decision to make, it is encouraging to see that the court kept the welfare of the children the highest priority. Anyone in a similar position should keep this in mind and prepare accordingly. With this being the case it would also be wise for parents to try and resolve their differences and agree a dual parenting agreement that benefits the children without recourse to the courts, which will often see one parent have reduced or limited visiting rights.”

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By: Aneil Fatania
Financial Editor
Pryce Warner International Group
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