I (A Child) (Relocation: Australia), Re [2024] EWFC 3 (B) (05 January 2024)

I (A Child) (Relocation: Australia), Re [2024] EWFC 3 (B) (05 January 2024)

The court found that the mother has not obstructed the child's relationship with the father or wider family and has promoted contact in a child-focused manner. The proposed relocation plan to Australia is practical, well-resourced, and in the child's welfare interests, considering the child's neurodivergence, family support in Australia, and the arrangements for ongoing contact with the father. The welfare checklist and proportionality were applied, and the mother's application to relocate was granted as being in the child's best interests.

Citation
[2024] EWFC 3 (B)
Parties
Applicant Mother: P; Respondent Father: R
Jurisdiction
England and Wales
Judgment Date
05 January 2024
Procedural Posture
Private Family Law Child Relocation / Final Judgment
Outcome
Application for relocation granted
Legal Topics
Child Relocation, Welfare of the Child, Contact Arrangements, Domestic Abuse, Parental Responsibility
Family Law Child Law Child Relocation Welfare of the Child Contact Arrangements Domestic Abuse Parental Responsibility

Case Brief

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Parties

P

Applicant Mother

R

Respondent Father

Procedural Posture

Private Family Law Child Relocation / Final Judgment

Legal Issues

  1. 1 Whether the applicant mother should be permitted to relocate the child to Australia
  2. 2 Whether the mother has obstructed the child's relationship with the father or wider family
  3. 3 The impact of relocation on the child's welfare

Ratio Decidendi

The court found that the mother has not obstructed the child's relationship with the father or wider family and has promoted contact in a child-focused manner. The proposed relocation plan to Australia is practical, well-resourced, and in the child's welfare interests, considering the child's neurodivergence, family support in Australia, and the arrangements for ongoing contact with the father. The welfare checklist and proportionality were applied, and the mother's application to relocate was granted as being in the child's best interests.

Court Disposition

Application for relocation granted

Orders

  • Permission for the mother to relocate the child to Australia
  • Contact arrangements for the father to include regular holiday contact and facilitated travel