G v H (Relocation to Australia: Immigration Issues)

G v H (Relocation to Australia: Immigration Issues)

On a fine balance, the court held that the child's best interests required granting the mother permission to relocate to Australia due to her precarious financial and immigration situation in the UK, the child's dependence on her as primary carer, and the support available in Australia, despite the significant detriment to the child's relationship with the father.

Parties
Applicant (mother): G; Respondent (father): H
Jurisdiction
England and Wales
Judgment Date
15 August 2024
Procedural Posture
Children Act 1989 Relocation Application / Final Hearing and Judgment
Outcome
Application granted. Mother permitted to relocate with the child to Australia.
Legal Topics
Relocation of Child, Welfare of the Child, Parental Responsibility, Contact Arrangements, Immigration Issues, Financial Provision
Family Law Child Law Relocation of Child Welfare of the Child Parental Responsibility Contact Arrangements Immigration Issues Financial Provision

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 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

G

Applicant (mother)

H

Respondent (father)

Procedural Posture

Children Act 1989 Relocation Application / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate with the child to Australia
  2. 2 Impact of relocation on the child's welfare and relationship with the father
  3. 3 Mother's financial and immigration difficulties in the UK

Ratio Decidendi

On a fine balance, the court held that the child's best interests required granting the mother permission to relocate to Australia due to her precarious financial and immigration situation in the UK, the child's dependence on her as primary carer, and the support available in Australia, despite the significant detriment to the child's relationship with the father.

Court Disposition

Application granted. Mother permitted to relocate with the child to Australia.

Orders

  • Mother granted permission to relocate with the child to Australia from end of current school term.
  • Mother to make child available for contact with father during his visits to Australia (up to two weeks per visit, as often as father can manage).