Q Relocation to Australia (Permission Refused, Re) [2024] EWFC 222 (B) (21 February 2024)

Q Relocation to Australia (Permission Refused, Re) [2024] EWFC 222 (B) (21 February 2024)

The application to relocate the children to Australia is refused because the relationship between the children and their father is not yet sufficiently reestablished or secure to withstand a move, and relocation would likely result in a life-long loss of relationship with the father and paternal family, which is not in the children's best interests. The risks of relocation at this stage outweigh the potential benefits, and the welfare of the children requires that they remain in the UK with increased contact with their father.

Citation
[2024] EWFC 222 (B)
Parties
Applicant Mother: AQ; Respondent Father: BQ
Jurisdiction
England and Wales
Judgment Date
21 February 2024
Procedural Posture
Children Act Proceedings (relocation and Child Arrangements) / Final Hearing and Judgment
Outcome
Mother's application for permission to relocate to Australia refused; child arrangements order made for children to live with mother and spend time with father; family assistance order made for nine months; no section 91(14) order or prohibited steps order granted.
Legal Topics
International Relocation of Children, Child Arrangements Orders, Welfare of the Child, Contact Arrangements, Section 91(14) Orders, Prohibited Steps Orders
Family Law International Relocation of Children Child Arrangements Orders Welfare of the Child Contact Arrangements Section 91(14) Orders Prohibited Steps Orders

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Parties

AQ

Applicant Mother

BQ

Respondent Father

Procedural Posture

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

Legal Issues

  1. 1 Whether to grant the mother's application for permission to relocate the children to Australia
  2. 2 Whether to grant the father's application for a child arrangements order and/or shared care
  3. 3 Whether to make ancillary orders (e.g., section 91(14), prohibited steps, family assistance)

Ratio Decidendi

The application to relocate the children to Australia is refused because the relationship between the children and their father is not yet sufficiently reestablished or secure to withstand a move, and relocation would likely result in a life-long loss of relationship with the father and paternal family, which is not in the children's best interests. The risks of relocation at this stage outweigh the potential benefits, and the welfare of the children requires that they remain in the UK with increased contact with their father.

Court Disposition

Mother's application for permission to relocate to Australia refused; child arrangements order made for children to live with mother and spend time with father; family assistance order made for nine months; no section 91(14) order or prohibited steps order granted.

Orders

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