GU24P07346 - [2025] EWHC 1224 (Fam)

The Guardian’s report

The Guardian, Ms Magson, has prepared a wishes and feelings report dated 30 April 2025. She met G remotely. In her report she says:

At times G was upset during their meeting, but did not present as emotionally dysregulated.

She originally wanted to move to the USA on the basis that it would be with L, and she would maintain regular contact with the mother.

When she travelled to the USA, she was assured by the father that L would join them, but this has not in fact happened. It has been suggested that L may attend university in the USA (although the mother told me that is not now likely to happen) but even if that were to take place, G nevertheless wants to return to the UK.

She had expected on moving to the USA that she would see her mother regularly but in fact she has not seen her at all, “becoming tearful and visibly distressed as she spoke of it being nine months since she had seen either her sister or her mother”. She was particularly sad at not having seen them over Christmas.

The reality of her situation is so different from what she had been led to believe that she has lost all faith and trust in the father, and no longer believes him. Her father destroyed her passport, and she does not believe he has applied for another one. She does not believe her relationship with the father can be improved so long as she remains in the USA.

She spoke of her stepmother without affection and in derogatory terms. She says she gets on “OK” with her stepsiblings but they are not friends. She keeps her interactions with the family in the USA to a minimum and does not have meals with them, even expressing fear that they might “gaslight” her and put something in her food.

She did not speak positively of school in the USA and was trying to follow the UK curriculum as well as the US curriculum. Her closest friends are all in the UK.

She acknowledged that on returning to the UK, it may take some time to reconnect with the mother and L and there may be challenges. She hoped to spend time with her maternal grandmother who is nearby. She recognises that she may not be able to return to her previous school, but nevertheless wants to come back to the UK. She is receptive to accessing support services in the UK.

She said that the strength of her wish to return to the UK is “10/10”. She could not contemplate her reaction of she does not return.

Orally, she told me that she had been messaged by G the day before the hearing, who was heavily critical of the father and his wife and clearly expected a final decision to be made at this hearing. If the matter is not decided today, Ms Magson said G would be very distressed. She reiterated that G’s views are very firm. She did not recommend a fuller welfare analysis because of the delay. She thought that a full welfare analysis by her would ordinarily take 12 weeks, but because G is in the USA could take up to six months. She acknowledged that there are unanswered questions about how life would look here in the event of a return order, and how life is taking place in the USA, but was very concerned about the impact on G of delay to investigate such matters.