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Source: BBC
A 14-year-old British boy who took his parents to court after they sent him to boarding school in Africa must remain there until at least the end of his GCSEs, a High Court judge has ruled.
The boy, who cannot be named for legal reasons, was taken to Ghana in March 2024 after being told he was visiting a sick relative.
In fact, his parents wanted him to move there after concerns about his behaviour in London, including absences from school, having unexplained money, and carrying a knife, court papers said. The boy denies being part of a gang or carrying a weapon.
A judge ruled on Monday the boy should remain in Ghana and prepare to return after completing the equivalent of GCSEs.
After saying he was unhappy and homesick in Ghana, the boy found publicly funded lawyers and brought a case against his parents to the High Court in London in February.
He lost his first bid to return when a High Court judge ruled he was at risk of suffering greater harm in returning to the UK.
Then, in June, he won a Court of Appeal bid to have the case reheard after the most senior judge in the Family Division, Sir Andrew McFarlane, said there had been confusion in the previous decision.
On Tuesday, the High Court handed down its judgement, which ruled against the boy’s wishes, citing ongoing disruption, including to his schoolwork and to his family life.
Judge Mrs. Justice Theis said, “I am acutely aware that the conclusion I have reached does not accord with [his] wishes and how that will feel for him…
“[He] has the talent, ability, and intelligence to make this work together with his family. It will be difficult, but they all have the common aim for [him] to return to live with his family.”
The boy, who is nearly 15 and has British and Ghanaian citizenship, remains in school in Ghana and is studying for his GCSEs.
He previously told the court that he was “living in hell” and was “desperate” to return to the UK.
He described feeling “like an alien” in Ghana and being “abandoned” by his family. He does not speak Twi and said he has struggled to make friends and feels socially anxious.
The boy “welcomes” the judge’s decision to set out a clear roadmap for his return to the UK, said his solicitor, James Netto, of the International Family Law Group.
Mr. Netto described the case as “extremely difficult… on every level.”
He said the boy never wanted to be in a position where he was “obliged” to bring court proceedings against his own parents, but their actions “left him with no meaningful alternative.”
“His position remains unchanged: he wants to return home,” Mr. Netto added.
The boy’s mother said she would not be able to care for him if he returned to the UK before his GCSEs were over.
She said, “It is really hard to be away from him… I feared and continue to fear that if he were to come back now, he could end up dead. I know he does not see it like that…”
Handing down her judgement, Justice Theis explained that the boy should “remain living in Ghana with the aim of setting out a road map and taking the necessary steps for [him] to return here after completing his GCSEs.”
She added, “Whether that would take place will need to be reviewed nearer the time.”
The “road map” includes taking part in family therapy funded by their local authority.
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