Relocation Abroad

Family & Children

In the recent case of LSA v RBS [2011] All ER (D) 178 (Apr) the Court of Appeal ruled the judge was mistaken in treating siblings aged 16 and 12 as a single unit.  The father had initially made a successful application to remove the children from the jurisdiction, to Canada, to live with him.  The Court of Appeal found that priority should have been given to the welfare of the youngest child when determining to allow them to be removed from the jurisdiction.  The needs of the children needed to be considered individually.  Due to the youngest child still being dependent on the day to day care of his mother his needs should take priority over his mature 16 year old sibling who wished to go to Canada as a lifestyle choice.