S v G (Relocation to Russia) [2015] EWFC 4 (14 January 2015)

S v G (Relocation to Russia) [2015] EWFC 4 (14 January 2015)

It is in Daniel's best interests for the mother's relocation application to be granted. The long-term advantages of the mother resuming her role as primary carer in her home country, supported by her family and social network, outweigh the short-term disadvantages of separation from the father and his English family. The court is satisfied that the mother will facilitate ongoing contact, and the arrangements can be enforced under the Hague Convention 1996.

Citation
[2015] EWFC 4
Parties
Applicant/respondent: S (mother); Respondent/applicant: G (father)
Jurisdiction
England and Wales
Judgment Date
14 January 2015
Procedural Posture
Family Court Child Arrangements and Relocation / Final Judgment After Cross Applications and Full Hearing
Outcome
Mother's application to relocate with the child to Russia granted; father's application for sole or shared care refused.
Legal Topics
Child Arrangements Order, International Relocation, Parental Responsibility, Welfare of the Child, Hague Convention 1996
Family Law International Child Law Child Arrangements Order International Relocation Parental Responsibility Welfare of the Child Hague Convention 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

S (mother)

Applicant/respondent

G (father)

Respondent/applicant

Procedural Posture

Family Court Child Arrangements and Relocation / Final Judgment After Cross Applications and Full Hearing

Legal Issues

  1. 1 Whether the mother should be permitted to relocate with the child to Russia
  2. 2 What child arrangements serve the welfare of the child as paramount consideration
  3. 3 How to ensure ongoing contact with the non-resident parent and extended family

Ratio Decidendi

It is in Daniel's best interests for the mother's relocation application to be granted. The long-term advantages of the mother resuming her role as primary carer in her home country, supported by her family and social network, outweigh the short-term disadvantages of separation from the father and his English family. The court is satisfied that the mother will facilitate ongoing contact, and the arrangements can be enforced under the Hague Convention 1996.

Court Disposition

Mother's application to relocate with the child to Russia granted; father's application for sole or shared care refused.

Orders

  • Child arrangements order for current arrangements to continue until departure.
  • Permission for the mother to remove Daniel to Russia on a date to be fixed.