S v Z

S v Z

The application to relocate is genuine and realistic, motivated by the mother's desire to live with her husband and their child in a secure and established environment. The welfare of the child is best served by permitting the relocation, given the stability, material advantages, and educational opportunities in Tanzania, and the detailed arrangements for maintaining the child's relationship with her father. The child's wishes are considered but are not decisive given her age and understanding. The proposed contact arrangements are sufficient to maintain the father-daughter relationship.

Parties
Applicant/mother: H S; Respondent/father: K T Z
Jurisdiction
England and Wales
Judgment Date
09 March 2012
Procedural Posture
Family Law Child Relocation / Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Child Relocation, Leave to Remove From Jurisdiction, Welfare of the Child, Contact Arrangements
Family Law Child Relocation Leave to Remove From Jurisdiction Welfare of the Child Contact Arrangements

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Parties

H S

Applicant/mother

K T Z

Respondent/father

Procedural Posture

Family Law Child Relocation / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate the child J to Tanzania
  2. 2 Whether the proposed arrangements serve the welfare and best interests of the child
  3. 3 Impact of relocation on the child's relationship with the father

Ratio Decidendi

The application to relocate is genuine and realistic, motivated by the mother's desire to live with her husband and their child in a secure and established environment. The welfare of the child is best served by permitting the relocation, given the stability, material advantages, and educational opportunities in Tanzania, and the detailed arrangements for maintaining the child's relationship with her father. The child's wishes are considered but are not decisive given her age and understanding. The proposed contact arrangements are sufficient to maintain the father-daughter relationship.

Court Disposition

Application granted

Orders

  • Permission granted for the mother to relocate the child J to Tanzania in accordance with the detailed draft order as negotiated and submitted by counsel.
  • Contact arrangements for the child to spend significant periods with the father in England during school holidays, with travel funded by Mr R, including provision of a prior float of over six thousand US dollars.