Case No. ZC21P00327

IN THE FAMILY COURT SITTING AT THE ROYAL COURTS OF JUSTICERoyal Courts of JusticeStrand, London, WC2A 2LLIN THE MATTER OF THE CHILDREN ACT 1989AND IN THE MATTER OF VB AND LB (CHILDREN)Before:MR DAVID REES QC(Sitting as a Judge of the Family Court of High Court level)(In Private)BETWEEN:TRApplicantandJMRespondentDeborah Eaton QC and Tadhgh Barwell O’Connor (instructed by Hughes Fowler Carruthers) for the ApplicantAnita Guha (instructed by Grayfords) for the RespondentHearing dates: 18 to 20 May 2022-----------------------------------------APPROVED JUDGMENTI direct that no official shorthand note shall be taken of this Judgment and that copies of this judgment as handed down may be treated as authentic.This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.Mr David Rees QC :INTRODUCTION1.This is an application by a mother (TR) for permission to relocate with her two daughters currently aged 6 and 4 from London to Boston, Massachusetts in the United States of America. The application is opposed by the children’s father (JM). The parties are married. They are currently still living in the same property and no divorce proceedings have yet been issued, although it now appears very probable that their marriage is at an end.2.As will be clear from the account of the evidence that I set out below, the stress of the issues that have led to this application and the proceedings themselves have had a profound impact on both parents, and whilst it is clear that they have both worked hard to shield their children from the dispute, matters have reached the point where this is no longer possible.3.Most regrettably although this application was issued in March 2021 it has taken well over a year to determine. Three previous final hearings have been listed and have had to be either adjourned or vacated. The first listing in October 2021 was vacated because of a lack of judicial availability. The second, the following month, was adjourned as a result of a successful, if very late, application by the father to introduce evidence about his psychiatric state. The third, listed for hearing in March of this year was vacated after the mother’s treating psychiatrist became ill and was unable to attend court to give evidence. This resulted in the matter being transferred to the Family Court sitting at Royal Courts of Justice to enable a new listing to be provided as quickly as possible. 4.The final hearing took place by way an attended hearing before me over three days from 18 to 20 May 2022. The mother was represented by Miss Deborah Eaton QC and by Mr Tadhgh Barwell O’Connor; the father by Miss Anita Guha, and I am grateful to counsel for their submissions both written and oral. 5.At the final hearing I heard oral evidence from both parents, from their respective treating psychiatrists (Dr Sally Braithwaite for the mother and Dr Niall Campbell for the father) and from Mr Patrick Mamattah the CAFCASS Family Court Adviser. All the witnesses, save for Dr Campbell, attended court in person to give evidence. Dr Campbell gave his evidence via video-link. Counsel’s final submissions were dealt with by way of written submissions.