In the Matter of AZ (Child : Relocation to Poland)

In the Matter of AZ (Child : Relocation to Poland)

The court found that the mother's depression and isolation in the UK would likely worsen if she remained, adversely affecting her ability to care for AZ. The mother had made genuine and practical arrangements for AZ's welfare in Poland, including family support and schooling. Although relocation would reduce AZ's contact with her father, the court determined that the overall welfare of AZ would be best served by permitting the move, provided robust contact arrangements were put in place and enforced.

Parties
Applicant (father): FZ; Respondent (mother): MW
Jurisdiction
England and Wales
Judgment Date
03 February 2016
Procedural Posture
Family (child Arrangements / Relocation) / Judgment After Contested Hearing on Cross Applications
Outcome
Mother granted permission to relocate AZ to Poland, subject to specified contact arrangements.
Legal Topics
International Relocation of Child, Child Arrangements Order, Welfare Principle, Contact Rights
Family Law Child Law International Relocation of Child Child Arrangements Order Welfare Principle Contact Rights

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Parties

FZ

Applicant (father)

MW

Respondent (mother)

Procedural Posture

Family (child Arrangements / Relocation) / Judgment After Contested Hearing on Cross Applications

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate with the child AZ to Poland
  2. 2 What child arrangements and contact should be ordered in the event of relocation

Ratio Decidendi

The court found that the mother's depression and isolation in the UK would likely worsen if she remained, adversely affecting her ability to care for AZ. The mother had made genuine and practical arrangements for AZ's welfare in Poland, including family support and schooling. Although relocation would reduce AZ's contact with her father, the court determined that the overall welfare of AZ would be best served by permitting the move, provided robust contact arrangements were put in place and enforced.

Court Disposition

Mother granted permission to relocate AZ to Poland, subject to specified contact arrangements.

Orders

  • Mother permitted to remove AZ to live permanently in Poland.
  • AZ to have monthly contact with father in Poland and holiday contact in England (Christmas 2016, Easter 2017, summer 2017).