T and B (Relocation and Schooling), Re

T and B (Relocation and Schooling), Re

Applying the Welfare Checklist, the court found no evidence that the proposed relocation or change of schools would harm the children or undermine their welfare. The mother demonstrated she could meet the children's needs, and the move was in their best interests. The father's objections were unsupported by evidence. Costs of prior supervised contact should be shared equally, as no agreement to the contrary was proven.

Parties
Applicant/father: RD; Respondent/mother: MG
Jurisdiction
England and Wales
Judgment Date
07 April 2024
Procedural Posture
Children Act Private Law Proceedings / Interlocutory Hearing on Cross Applications for Prohibited Steps Orders (relocation and Schooling)
Outcome
Mother's application to relocate and change schools granted. Costs of prior supervised contact to be shared equally.
Legal Topics
Child Relocation, Schooling Decisions, Prohibited Steps Orders, Welfare Checklist, Costs in Children Proceedings
Family Law Child Relocation Schooling Decisions Prohibited Steps Orders Welfare Checklist Costs in Children Proceedings

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Parties

RD

Applicant/father

MG

Respondent/mother

Procedural Posture

Children Act Private Law Proceedings / Interlocutory Hearing on Cross Applications for Prohibited Steps Orders (relocation and Schooling)

Legal Issues

  1. 1 Whether the mother should be permitted to relocate with the children from East Grinstead to Esher and change their schools
  2. 2 Whether the father should be prohibited from cross-examining the mother due to allegations of domestic abuse
  3. 3 How the costs of prior supervised contact should be apportioned

Ratio Decidendi

Applying the Welfare Checklist, the court found no evidence that the proposed relocation or change of schools would harm the children or undermine their welfare. The mother demonstrated she could meet the children's needs, and the move was in their best interests. The father's objections were unsupported by evidence. Costs of prior supervised contact should be shared equally, as no agreement to the contrary was proven.

Court Disposition

Mother's application to relocate and change schools granted. Costs of prior supervised contact to be shared equally.

Orders

  • Permission granted for the mother to relocate with the children to Esher and enroll them in schools there.
  • Father to pay £553 to the mother within 21 days, being half the costs of prior supervised contact.