Court rejects Will request to keep children from father

By Lenore Rice

The children of an English woman who died from cancer will be returned to their father in Australia despite her Will stating that she considered it would be "detrimental to their lives".

The woman wrote in her Will: "Under no circumstances do I wish my children to be returned to their biological father in Australia, as this would be extremely detrimental to their lives." However the family court heard how her ex-husband had only consented to the children being brought to the UK in July 2013 for a holiday, and so that their mother could receive cancer treatment. Their mother died toward the end of 2014 and a custody dispute arose between her parents and the father of the children. He told the court that his children were born and raised in Australia, and their home was in Australia.

Mr Justice Roderix Wood concluded that the father had been mis-led by his ex-wife, and the children were also not aware that the move to England was to be permanent, saying: “They did not say goodbye to their friends, school or neighbours. They left many favoured objects behind them, fully intending to return.” Both children are agreed to returning to Australia to be with their father.

If you require legal advice in respect of a child custody matter from a family law solicitor in Northern Ireland, contact Wilson Nesbitt by calling 0800 840 1363.