Pegah Sharghy represented the mother in the case of C (Children) . The mother who is Brazilian wished to relocate to Brazil with her 3 children. This was contested by the Father who, since the parties separated in 2012, had had contact with the children 5 nights in every 14.
HHJ O’Brien held in the first instance that “the welfare of these children is best served by them remaining in the care of their mother, who has been their main carer throughout their lives, and moving with her back to her roots in Brazil where her increased happiness will be reflected upon them.”
This decision was upheld in the Court of Appeal with McFarlane J deciding to prioritise the mother’s need to go home to Brazil and the impact of a refusal on her ability to continue being an effective parent to the children, over and above the contact issue with the Father.