A (Letter to a Young Person), Re (Rev 1)

A (Letter to a Young Person), Re (Rev 1)

The application to relocate the child to Scandinavia was refused because the father failed to provide a realistic or detailed plan for the move, the child's stated wishes were found to be significantly influenced by loyalty to the father, and the move was not in the child's best interests. The court ordered the child to remain in England, set out structured contact arrangements, and imposed a s.91(14) order to prevent further litigation without permission until after the child's GCSEs.

Parties
Applicant: A Father; Respondents: A Mother and Stepfather; Subject Child: A Young Person
Jurisdiction
England and Wales
Judgment Date
26 July 2017
Procedural Posture
Private Law Children Proceedings / Final Judgment
Outcome
Application dismissed in part, structured contact and s.91(14) order granted
Legal Topics
Child Residence, International Relocation, Contact Arrangements, Section 91(14) Orders
Family Law Child Law Child Residence International Relocation Contact Arrangements Section 91(14) Orders

Case Brief

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Parties

A Father

Applicant

A Mother and Stepfather

Respondents

A Young Person

Subject Child

Procedural Posture

Private Law Children Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the child should relocate to Scandinavia with the father
  2. 2 Whether the child should apply for citizenship in Scandinavia
  3. 3 What contact arrangements are in the child's best interests

Ratio Decidendi

The application to relocate the child to Scandinavia was refused because the father failed to provide a realistic or detailed plan for the move, the child's stated wishes were found to be significantly influenced by loyalty to the father, and the move was not in the child's best interests. The court ordered the child to remain in England, set out structured contact arrangements, and imposed a s.91(14) order to prevent further litigation without permission until after the child's GCSEs.

Court Disposition

Application dismissed in part, structured contact and s.91(14) order granted

Orders

  • Father's applications to relocate the child to Scandinavia and for citizenship there dismissed
  • Child to have a holiday with father in August