M v F [2016] EWHC 3194 (Fam) (17 October 2016)

M v F [2016] EWHC 3194 (Fam) (17 October 2016)

The mother's application to relocate is genuine and well-founded; the father's contact has been irregular and sporadic due to lack of commitment. The welfare of the children is best served by permitting relocation, as the mother's contentment and ability to provide care outweigh the erosion of contact with the father. The interference with the father's Article 8 rights is proportionate and necessary to give effect to the children's rights.

Citation
[2016] EWHC 3194 (Fam)
Parties
Applicant Mother: M; Respondent Father: F
Jurisdiction
England and Wales
Judgment Date
17 October 2016
Procedural Posture
Family Law Relocation Application / Final Judgment
Outcome
Application granted
Legal Topics
Child Relocation, Parental Responsibility, Welfare of the Child, Article 8 ECHR
Family Law Child Relocation Parental Responsibility Welfare of the Child Article 8 ECHR

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Parties

M

Applicant Mother

F

Respondent Father

Procedural Posture

Family Law Relocation Application / Final Judgment

Legal Issues

  1. 1 Whether permission should be granted for the mother to relocate the children to the USA
  2. 2 Whether relocation is in the best interests of the children
  3. 3 Assessment of parental commitment to contact

Ratio Decidendi

The mother's application to relocate is genuine and well-founded; the father's contact has been irregular and sporadic due to lack of commitment. The welfare of the children is best served by permitting relocation, as the mother's contentment and ability to provide care outweigh the erosion of contact with the father. The interference with the father's Article 8 rights is proportionate and necessary to give effect to the children's rights.

Court Disposition

Application granted

Orders

  • Permission granted for the mother to relocate the children to Utah, USA
  • Arrangements for ongoing contact via Skype and annual visits to be facilitated