Q Relocation to Australia. Permission Refused, Re

Q Relocation to Australia. Permission Refused, Re

The application to relocate the children to Australia is refused because the relationship between the children and their father is not sufficiently established or secure to withstand a move abroad. The risks of extinguishing the paternal relationship outweigh the benefits of relocation. The welfare of the children, including their lifelong identity needs and the need for a meaningful relationship with both parents, is the paramount consideration. The mother's plans are not sufficiently secure or tested, and the children are too involved in adult decisions. The agreed contact schedule and a family assistance order are endorsed to support the reestablishment of the paternal relationship.

Parties
Applicant Mother: AQ; Respondent Father: BQ
Jurisdiction
England and Wales
Judgment Date
08 December 2024
Procedural Posture
Children Act Proceedings (relocation and Child Arrangements) / Final Judgment
Outcome
Application for relocation refused; child arrangements and contact orders made.
Legal Topics
International Relocation, Child Arrangements, Welfare Principle, Contact Orders
Family Law Children Law International Relocation Child Arrangements Welfare Principle Contact Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

AQ

Applicant Mother

BQ

Respondent Father

Procedural Posture

Children Act Proceedings (relocation and Child Arrangements) / Final Judgment

Legal Issues

  1. 1 Whether to grant permission for the mother to relocate the children to Australia
  2. 2 What child arrangements and contact orders are in the best interests of the children

Ratio Decidendi

The application to relocate the children to Australia is refused because the relationship between the children and their father is not sufficiently established or secure to withstand a move abroad. The risks of extinguishing the paternal relationship outweigh the benefits of relocation. The welfare of the children, including their lifelong identity needs and the need for a meaningful relationship with both parents, is the paramount consideration. The mother's plans are not sufficiently secure or tested, and the children are too involved in adult decisions. The agreed contact schedule and a family assistance order are endorsed to support the reestablishment of the paternal relationship.

Court Disposition

Application for relocation refused; child arrangements and contact orders made.

Orders

  • Refusal of permission for the mother to relocate the children to Australia.
  • Child arrangements order: children to live with the mother and spend time with the father as per agreed schedule.