Final Hearing, Application for relocation to Poland, Re

Final Hearing, Application for relocation to Poland, Re

The court found that the child's welfare would be best served by granting the mother permission to relocate to Poland. The decision was based on the mother's well-researched plan, the offer of familial and financial support, the lower cost of living, and the provision of a high-quality bilingual education. The risk of housing instability and financial hardship in the UK, and the lack of a viable alternative plan from the father, outweighed the detriment of reduced direct contact. The court was satisfied that the mother would facilitate ongoing contact and that the child was resilient and would adapt to the change.

Parties
Mother: DV; Father: ZV
Jurisdiction
England and Wales
Judgment Date
10 November 2024
Procedural Posture
Children Act 1989 Private Law Application / Final Hearing
Outcome
Mother granted permission to relocate the child to Poland; father's applications for shared care and prohibited steps order refused.
Legal Topics
Child Relocation, Child Arrangements, Parental Responsibility, Domestic Abuse, Contact Orders
Family Law Child Relocation Child Arrangements Parental Responsibility Domestic Abuse Contact Orders

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Parties

DV

Mother

ZV

Father

Procedural Posture

Children Act 1989 Private Law Application / Final Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate the child to Poland
  2. 2 Whether a Child Arrangements Order should be made for shared care or sole care
  3. 3 Whether a Prohibited Steps Order should prevent removal of the child from the jurisdiction

Ratio Decidendi

The court found that the child's welfare would be best served by granting the mother permission to relocate to Poland. The decision was based on the mother's well-researched plan, the offer of familial and financial support, the lower cost of living, and the provision of a high-quality bilingual education. The risk of housing instability and financial hardship in the UK, and the lack of a viable alternative plan from the father, outweighed the detriment of reduced direct contact. The court was satisfied that the mother would facilitate ongoing contact and that the child was resilient and would adapt to the change.

Court Disposition

Mother granted permission to relocate the child to Poland; father's applications for shared care and prohibited steps order refused.

Orders

  • Mother to have leave to relocate the child to Poland.
  • Contact arrangements to be agreed and formalised by counsel.