S (A Child), Re (Relocation and Change of Residence) [2025] EWHC 3453 (Fam) (28 November 2025)

S (A Child), Re (Relocation and Change of Residence) [2025] EWHC 3453 (Fam) (28 November 2025)

The court held that, although the mother is better able to meet S's emotional needs, the uncertainty and risk regarding S's educational and special needs support in France outweigh the benefits of relocation at this time. The established support network in England and the risk of disruption to S's progress mean that his welfare is best served by remaining with the father, provided that substantial and regular contact with the mother is facilitated. The father's failure to promote contact in the past was criticised, and the court ordered urgent improvement in this area.

Citation
[2025] EWHC 3453 (Fam)
Parties
Applicant Mother: [Mother's Name Withheld]; First Respondent Father: [Father's Name Withheld]; Second Respondent Child: S (A Child)
Jurisdiction
England and Wales
Judgment Date
28 November 2025
Procedural Posture
Children Act 1989 Child Arrangements and Relocation / Final Judgment After Full Welfare Hearing
Outcome
Application for relocation refused; child to remain living with father in England; enhanced contact with mother ordered.
Legal Topics
Child Arrangements Order, Relocation of Child, Welfare Principle, Parental Responsibility, Special Educational Needs, Contact Arrangements
Family Law Child Law Child Arrangements Order Relocation of Child Welfare Principle Parental Responsibility Special Educational Needs Contact Arrangements

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Parties

[Mother's Name Withheld]

Applicant Mother

[Father's Name Withheld]

First Respondent Father

S (A Child)

Second Respondent Child

Procedural Posture

Children Act 1989 Child Arrangements and Relocation / Final Judgment After Full Welfare Hearing

Legal Issues

  1. 1 Whether it is in the child's best interests to relocate to France with the mother or remain in England with the father
  2. 2 How to balance the child's emotional needs with educational and developmental needs
  3. 3 Appropriate contact arrangements between the child and both parents

Ratio Decidendi

The court held that, although the mother is better able to meet S's emotional needs, the uncertainty and risk regarding S's educational and special needs support in France outweigh the benefits of relocation at this time. The established support network in England and the risk of disruption to S's progress mean that his welfare is best served by remaining with the father, provided that substantial and regular contact with the mother is facilitated. The father's failure to promote contact in the past was criticised, and the court ordered urgent improvement in this area.

Court Disposition

Application for relocation refused; child to remain living with father in England; enhanced contact with mother ordered.

Orders

  • S to remain living with the father in England.
  • Substantial direct and indirect contact with the mother, including the majority of school holidays.