N v N (Removal from the jurisdiction) [2015] EWFC B89 (26 June 2015)

N v N (Removal from the jurisdiction) [2015] EWFC B89 (26 June 2015)

The application to remove the child from the UK was refused because the child's welfare required frequent, consistent, and direct contact with his father, which could not realistically be maintained if the child relocated to Australia. The court found that the mother had previously placed obstacles in the way of contact and was likely to do so again, and that the proposed arrangements for maintaining the father-child relationship were not grounded in reality. The emotional and developmental harm to the child from loss of direct contact with his father outweighed the benefits of relocation. The mother's disappointment at refusal would not significantly impact her care of the child.

Citation
[2015] EWFC B89
Parties
Applicant/mother: KN; Respondent/father: JN
Jurisdiction
England and Wales
Judgment Date
26 June 2015
Procedural Posture
Child Arrangements and Leave to Remove (relocation) / Final Judgment After Full Hearing
Outcome
Mother's application for permission to remove the child from the UK refused; child arrangements order made for the child to live with the mother and have contact with the father.
Legal Topics
Relocation of Child, Child Arrangements Order, Welfare of the Child, Contact With Non Resident Parent
Family Law Child Law Relocation of Child Child Arrangements Order Welfare of the Child Contact With Non Resident Parent

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

KN

Applicant/mother

JN

Respondent/father

Procedural Posture

Child Arrangements and Leave to Remove (relocation) / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to permanently remove the child from the UK to Australia
  2. 2 What child arrangements order should be made regarding with whom the child lives and contact with the father

Ratio Decidendi

The application to remove the child from the UK was refused because the child's welfare required frequent, consistent, and direct contact with his father, which could not realistically be maintained if the child relocated to Australia. The court found that the mother had previously placed obstacles in the way of contact and was likely to do so again, and that the proposed arrangements for maintaining the father-child relationship were not grounded in reality. The emotional and developmental harm to the child from loss of direct contact with his father outweighed the benefits of relocation. The mother's disappointment at refusal would not significantly impact her care of the child.

Court Disposition

Mother's application for permission to remove the child from the UK refused; child arrangements order made for the child to live with the mother and have contact with the father.

Orders

  • Mother's application for permission to permanently remove the child from the UK is refused.
  • Child arrangements order: the child shall live with the mother and have contact with the father as set out in the order.