DV v ZV (Final Hearing, Application for relocation to Poland) [2024] EWFC 283 (B) (11 October 2024)

DV v ZV (Final Hearing, Application for relocation to Poland) [2024] EWFC 283 (B) (11 October 2024)

The court found that the mother's application to relocate was genuine, well-researched, and not motivated by a desire to exclude the father. The child is resilient and would adapt to relocation, and the risk of homelessness and instability in the UK outweighed the disruption of moving. The father was not providing financial support and his evidence was found to be inconsistent and lacking insight. The welfare of the child required granting permission for the mother to relocate to Poland, with arrangements for the father to have contact.

Citation
[2024] EWFC 283 (B)
Parties
Mother: DV; Father: ZV
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Children Act 1989 Private Law Proceedings / Final Hearing
Outcome
Mother's application to relocate with the child to Poland granted; father's application for shared care and Prohibited Steps Order refused.
Legal Topics
Child Arrangements, Relocation, Welfare of the Child, Domestic Abuse, Parental Responsibility
Family Law Child Arrangements Relocation Welfare of the Child Domestic Abuse Parental Responsibility

Case Brief

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Parties

DV

Mother

ZV

Father

Procedural Posture

Children Act 1989 Private Law Proceedings / Final Hearing

Legal Issues

  1. 1 Whether the mother should be permitted to relocate with the child to Poland
  2. 2 Whether a Child Arrangements Order should be made for shared care or for the child to live with the mother
  3. 3 Whether a Prohibited Steps Order should be made to prevent removal from the jurisdiction

Ratio Decidendi

The court found that the mother's application to relocate was genuine, well-researched, and not motivated by a desire to exclude the father. The child is resilient and would adapt to relocation, and the risk of homelessness and instability in the UK outweighed the disruption of moving. The father was not providing financial support and his evidence was found to be inconsistent and lacking insight. The welfare of the child required granting permission for the mother to relocate to Poland, with arrangements for the father to have contact.

Court Disposition

Mother's application to relocate with the child to Poland granted; father's application for shared care and Prohibited Steps Order refused.

Orders

  • Permission for the mother to relocate the child to Poland at the end of the current school year.
  • Child Arrangements Order: child to live with the mother; contact with the father to be arranged including during holidays and regular indirect contact.