Brother and sister to grow up a world apart

In a highly unusual decision, a judge at the Court of Session in Edinburgh has ruled that the siblings – aged 11 and 13 – should be separated following their parents' divorce.

Lord Woolman said it was a very difficult decision, but he believed that it would be better for the girl, 13, to remain with her mother in Glasgow, while the boy, 11, accompanies his father when he makes the 12,000-mile journey to Australia.

The parents could not agree on a compromise which would have them living in the same country.

In evidence, the father said that going to Australia to take up a new job was the right thing for the family's financial security.

The mother said that moving to Melbourne "sounds like a prison sentence to me".

Lord Woolman said keeping siblings together was normally the preferred option, but he was satisfied in this case that the daughter's wish to stay with her mother, and the son's to be with his father, should be granted.

The battle is not over, however, as the mother intends to appeal.

The Court of Session was told that the couple married in the 1990s while working overseas.

They moved to Scotland in 2001 because of his work, and bought a flat in Glasgow. The marriage broke down and the father moved out.

The children stayed with their mother, but regularly saw their father and spent nights with him.

Lord Woolman was told there was no prospect of a reconciliation and he granted the couple a divorce.

Each asked for a residence order for both children.

"The major complication is that while (the mother] intends to remain in Glasgow, (the father] plans to return to Australia. Whatever order is made, it will result in one or both children being 12,000 miles from one of their parents. Both parties struck me as being good and responsible parents.

"They each have a close and loving relationship with their children. However, they have been unable to come to an agreement on what should happen to the children," said the judge.

The father was offered a 125,000-a-year job in Australia. He said he had "zero" prospects of a job in the UK and that returning was the only viable financial option for the family.

The mother has gone back to full-time work and expects to earn 67,000 a year from consultancy contracts.

She had lived in Glasgow for more than eight years and regarded it as home.

She enjoyed living there and had a large and supportive group of friends.

In a letter to the court, the girl said: "I would choose mum because I am closer to her and have spent more time with her. I would choose Scotland because it is where my home and school are, what I am familiar with and all my friends are here."

The boy, who has shown talent in sport, especially tennis and cricket, wrote: "I feel sad and unhappy about my parents splitting up… it's hard to choose where to live… it's confusing.

"I think it would be better for my future if I lived in Australia."

Lord Woolman said the preservation of the sibling relationship was a central consideration, but children's relationships with their parents were the primary ones.

The judge, who took advice from two psychologists, said the girl was a mature and confident young woman, who knew her own mind.

"I am satisfied I have a proper appreciation of her views and that her welfare is best secured by remaining in Glasgow with her mother."

The experts were divided about what outcome would be best for the boy.

However, Lord Woolman said: "Looking at all the factors and being conscious that it is a very difficult decision, I am satisfied that his welfare is best secured by making a residence order in favour of his father."