Amelia, Re (A Child: Relocation) [2023] EWFC 242 (B) (11 July 2023)

Amelia, Re (A Child: Relocation) [2023] EWFC 242 (B) (11 July 2023)

It is overwhelmingly in Amelia's welfare interests to move to Northern Europe with her mother. The mother has been the child's only primary carer in living memory, provides stability, and has a well-considered plan for relocation. The losses to Amelia from moving can be compensated by regular, quality contact with...

Source-derived case information.

Citation
[2023] EWFC 242 (B)
Parties
Applicant/mother: Grace; Respondent/father: Vincent
Jurisdiction
England and Wales
Judgment Date
11 July 2023
Procedural Posture
Child Arrangements/relocation / Final Hearing
Outcome
Application granted. Permission to relocate to Northern Europe with the child is given.
Legal Topics
Child Arrangements, International Relocation, Welfare of the Child, Parental Responsibility
Family Law Child Arrangements International Relocation Welfare of the Child Parental Responsibility

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Parties

Grace

Applicant/mother

Vincent

Respondent/father

Procedural Posture

Child Arrangements/relocation / Final Hearing

Legal Issues

  1. 1 Whether the mother should be permitted to relocate with the child, Amelia, to Northern Europe
  2. 2 Whether the existing child arrangements order should be varied in light of the proposed relocation

Ratio Decidendi

It is overwhelmingly in Amelia's welfare interests to move to Northern Europe with her mother. The mother has been the child's only primary carer in living memory, provides stability, and has a well-considered plan for relocation. The losses to Amelia from moving can be compensated by regular, quality contact with her father, and the risk of harm from separation from her mother outweighs the disruption of relocation. The father's opposition is genuine but clouded by ill-feeling towards the mother, and there is no evidence of alienation or risk to Amelia's relationship with her father if she relocates.

Court Disposition

Application granted. Permission to relocate to Northern Europe with the child is given.

Orders

  • Permission to the mother to relocate to Northern Europe with Amelia.
  • Contact between father and Amelia: three weeks in the summer, autumn break, every Easter, and every other Christmas, to take place in the UK, Northern Europe, or Central Europe as appropriate.