M v F

M v F

The court found the mother’s application to relocate was genuine, well-researched, and motivated by her wish to join her husband, not to exclude the father. The father’s contact had been irregular and inconsistent, largely due to his lack of commitment rather than obstruction by the mother. The children’s welfare would be best served by permitting relocation, as the benefits outweighed the detriments, and the interference with the father’s Article 8 rights was proportionate and necessary to give effect to the children’s rights.

Parties
Applicant Mother: M; Respondent Father: F
Jurisdiction
England and Wales
Judgment Date
17 October 2016
Procedural Posture
Family Law Child Relocation / Judgment After Contested Hearing
Outcome
Application allowed
Legal Topics
Child Relocation, Welfare of the Child, Parental Responsibility, Contact Arrangements
Family Law Child Relocation Welfare of the Child Parental Responsibility Contact Arrangements

Case Brief

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Parties

M

Applicant Mother

F

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 children to the USA
  2. 2 Whether the relocation is in the best interests of the children
  3. 3 Assessment of the parents' commitment to contact and care

Ratio Decidendi

The court found the mother’s application to relocate was genuine, well-researched, and motivated by her wish to join her husband, not to exclude the father. The father’s contact had been irregular and inconsistent, largely due to his lack of commitment rather than obstruction by the mother. The children’s welfare would be best served by permitting relocation, as the benefits outweighed the detriments, and the interference with the father’s Article 8 rights was proportionate and necessary to give effect to the children’s rights.

Court Disposition

Application allowed

Orders

  • Permission granted for the mother to relocate the children to the USA
  • Relocation to proceed on the basis of undertakings and conditions discussed during the hearing