SA v BO [2015] EW Misc B36 (CC) (14 August 2015)

SA v BO [2015] EW Misc B36 (CC) (14 August 2015)

The application for a transfer of residence is dismissed because the evidence overwhelmingly supports that A's wishes and feelings are her own, uninfluenced by the maternal family, and a change in residence would be emotionally harmful and contrary to her welfare. The father is incapable of meeting A's emotional and educational needs, and the mother provides a nurturing environment. Exceptional circumstances do not exist to justify overriding A's views.

Citation
[2015] EW Misc B36 (CC)
Parties
Applicant Father: S A; Respondent Mother: Mrs O; Subject Child: A
Jurisdiction
England and Wales
Judgment Date
14 August 2015
Procedural Posture
Child Arrangements Order Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Child Arrangements, Residence, Welfare of Child, Parental Responsibility, Cultural Identity
Family Law Child Arrangements Residence Welfare of Child Parental Responsibility Cultural Identity

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Parties

S A

Applicant Father

Mrs O

Respondent Mother

A

Subject Child

Procedural Posture

Child Arrangements Order Application / Final Judgment

Legal Issues

  1. 1 Should the child A be compelled to live with her father instead of her mother?
  2. 2 Does the child's expressed wishes and feelings reflect undue influence from the maternal family?
  3. 3 Is the father's concern about insufficient exposure to paternal heritage and culture valid?

Ratio Decidendi

The application for a transfer of residence is dismissed because the evidence overwhelmingly supports that A's wishes and feelings are her own, uninfluenced by the maternal family, and a change in residence would be emotionally harmful and contrary to her welfare. The father is incapable of meeting A's emotional and educational needs, and the mother provides a nurturing environment. Exceptional circumstances do not exist to justify overriding A's views.

Court Disposition

Application dismissed

Orders

  • No order for transfer of residence
  • No further order