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Landmark court ruling may prevent expats from taking children 'home'

The case, reported in the Telegraph, concerned a Canadian divorcee who had been living in the UK with her former husband and two children. The woman wished to return to her native Canada after her divorce, and take her young children, aged two and four, with her. The mother complained of feeling 'lonely' and 'isolated' in Britain. She applied to the court for permission to take the children with her and was initially successful. However, her former husband, and father to the children appealed and the Court of Appeal struck the first ruling down. It did this on the basis that the father had been playing a 'major role' in the lives of the children since the couple had separated, seven months before the divorce. The father looked after the children for two nights per week (35% of the time, as the Telegraph point out).

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Government consults on child access after separation

Ministers have put forward proposals to strengthen the law to ensure that children can continue to see both parents if they separate or divorce where it is safe and in the child’s best interest.

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