C (leave to relocate), Re [2015] EWFC B204 (29 May 2015)

C (leave to relocate), Re [2015] EWFC B204 (29 May 2015)

The mother's application to relocate was primarily motivated by a desire to exclude the father from the child's life, and she had fabricated or grossly exaggerated allegations against the father, resulting in emotional harm to the child. The welfare of the child required that the mother's application to relocate be refused. The child's best interests were not served by remaining in Ireland with the mother, given the findings of manipulation and emotional abuse. The father's opposition was motivated by genuine concern for the child's welfare. The mother's removal of the child was unlawful under the Hague Convention, and her subsequent actions were in blatant breach of court orders.

Citation
[2015] EWFC B204
Parties
Mother/applicant: S; Father/respondent: J; Child (subject of Proceedings): C
Jurisdiction
England and Wales
Judgment Date
29 May 2015
Procedural Posture
Child Relocation and Contact Application / Final Judgment After Oral Hearing
Outcome
Mother's application to relocate refused; child arrangements to be determined in accordance with the child's welfare.
Legal Topics
Child Relocation, Hague Convention, Welfare of the Child, Parental Responsibility, Contact Arrangements
Family Law International Child Abduction Child Relocation Hague Convention Welfare of the Child Parental Responsibility Contact Arrangements

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Parties

S

Mother/applicant

J

Father/respondent

C

Child (subject of Proceedings)

Procedural Posture

Child Relocation and Contact Application / Final Judgment After Oral Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to permanently relocate the child to Ireland
  2. 2 Whether the father's application for the child to live with him or for contact should be granted
  3. 3 Whether the mother's removal of the child was unlawful under the Hague Convention

Ratio Decidendi

The mother's application to relocate was primarily motivated by a desire to exclude the father from the child's life, and she had fabricated or grossly exaggerated allegations against the father, resulting in emotional harm to the child. The welfare of the child required that the mother's application to relocate be refused. The child's best interests were not served by remaining in Ireland with the mother, given the findings of manipulation and emotional abuse. The father's opposition was motivated by genuine concern for the child's welfare. The mother's removal of the child was unlawful under the Hague Convention, and her subsequent actions were in blatant breach of court orders.

Court Disposition

Mother's application to relocate refused; child arrangements to be determined in accordance with the child's welfare.

Orders

  • Mother's application for permission to permanently remove the child to Ireland is refused.
  • Father's application for a child arrangements order and contact to proceed.