D v S (international Relocation) [2020] EWFC B78 (17 December 2021)

D v S (international Relocation) [2020] EWFC B78 (17 December 2021)

It is in L's welfare interests for S to be granted permission to relocate to France. The court found a strong association between L's emotional stability and his mother's wellbeing, which would be compromised if relocation were refused. The mother's plans for relocation are genuine, robust, and not designed to frustrate the father's relationship with L. The court was not persuaded by the father's allegations against the maternal family. The evidence showed both parents are competent and loving, but the mother's emotional and financial stability would be significantly improved in France, which would benefit L. The court determined that appropriate contact arrangements can be made to...

Citation
[2020] EWFC B78
Parties
Applicant/mother: S; Respondent/father: D
Jurisdiction
England and Wales
Judgment Date
17 December 2021
Procedural Posture
Children Act 1989 Proceedings (relocation and Contact) / Final Hearing and Judgment
Outcome
Permission to relocate to France with the mother granted; no shared care order; contact arrangements to be made for the father.
Legal Topics
International Relocation of Children, Child Welfare, Contact Orders, Shared Care, Parental Responsibility
Family Law Child Law International Relocation of Children Child Welfare Contact Orders Shared Care Parental Responsibility

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Parties

S

Applicant/mother

D

Respondent/father

Procedural Posture

Children Act 1989 Proceedings (relocation and Contact) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether to grant permission for the child L to relocate permanently to France with the mother
  2. 2 Appropriate contact arrangements for the father if relocation is permitted
  3. 3 Whether a shared care order should be made if relocation is refused

Ratio Decidendi

It is in L's welfare interests for S to be granted permission to relocate to France. The court found a strong association between L's emotional stability and his mother's wellbeing, which would be compromised if relocation were refused. The mother's plans for relocation are genuine, robust, and not designed to frustrate the father's relationship with L. The court was not persuaded by the father's allegations against the maternal family. The evidence showed both parents are competent and loving, but the mother's emotional and financial stability would be significantly improved in France, which would benefit L. The court determined that appropriate contact arrangements can be made to...

Court Disposition

Permission to relocate to France with the mother granted; no shared care order; contact arrangements to be made for the father.

Orders

  • Permission for S to relocate to France with L is granted.
  • No shared care order is made.