Lilyofthevalley80
VIP Member
Because the status quo for the children will remain until a final decision is made. The father wants the children to remain in the UK where they are ordinarily resident and go to school etc. Bethy would need their father’s permission to relocate them - which he clearly and understandably won’t give. So the only way ti remove them is by permission of the court.
The judge will make a decision after considering the best interests of the children. It would most definitely not be in the best interests of the children to allow them to be removed temporarily to the US and then have to be returned to the UK once a final decision is made if the decision is they are carry on living here. There’s also a risk that Bethy wouldn’t return them and try and argue they were then ordinarily resident in the US.
Baldly put - their mother chose to go to the US and had chosen to remain there. She could come back to the UK etc to see them more or to live until matters are resolved but isn’t. She should have stayed in the UK until she obtained permission to remove them from the UK (which was probably fairly unlikely) but chose not to. Her not seeing the children is a problem of her own making. I don’t know what legal advice she got before she left but it either wasn’t very good or she’s not listened to it
The judge will make a decision after considering the best interests of the children. It would most definitely not be in the best interests of the children to allow them to be removed temporarily to the US and then have to be returned to the UK once a final decision is made if the decision is they are carry on living here. There’s also a risk that Bethy wouldn’t return them and try and argue they were then ordinarily resident in the US.
Baldly put - their mother chose to go to the US and had chosen to remain there. She could come back to the UK etc to see them more or to live until matters are resolved but isn’t. She should have stayed in the UK until she obtained permission to remove them from the UK (which was probably fairly unlikely) but chose not to. Her not seeing the children is a problem of her own making. I don’t know what legal advice she got before she left but it either wasn’t very good or she’s not listened to it