A Father v A Mother (Relocation to Australia)

A Father v A Mother (Relocation to Australia)

Permission is granted for the mother to relocate to Australia with the children because, after weighing all relevant factors including the welfare checklist, the children's wishes, the parents' capabilities, and the risks of harm, the court finds that the mother and step-father can meet the children's needs and mitigate the impact of separation from the father. The relationship with the father is fragile but not guaranteed to improve if the children remain in the UK, and the mother has a proven track record of facilitating contact. The risk of emotional harm can be mitigated through regular indirect and direct contact, and the children's welfare is best served by permitting the relocation.

Parties
Applicant: A father; Respondent: A mother
Jurisdiction
England and Wales
Judgment Date
01 February 2025
Procedural Posture
Family / Final Judgment
Outcome
Mother granted permission to relocate to Australia with the children.
Legal Topics
International Relocation, Child Arrangements, Prohibited Steps Order, Children's Welfare
Family Law International Relocation Child Arrangements Prohibited Steps Order Children's Welfare

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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

A father

Applicant

A mother

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Should the mother be permitted to relocate to Australia with the children?
  2. 2 What arrangements are in the children's best interests regarding their relationship with their father?
  3. 3 How should the welfare checklist under s.1(3) Children Act 1989 be applied in this context?

Ratio Decidendi

Permission is granted for the mother to relocate to Australia with the children because, after weighing all relevant factors including the welfare checklist, the children's wishes, the parents' capabilities, and the risks of harm, the court finds that the mother and step-father can meet the children's needs and mitigate the impact of separation from the father. The relationship with the father is fragile but not guaranteed to improve if the children remain in the UK, and the mother has a proven track record of facilitating contact. The risk of emotional harm can be mitigated through regular indirect and direct contact, and the children's welfare is best served by permitting the relocation.

Court Disposition

Mother granted permission to relocate to Australia with the children.

Orders

  • Permission granted for the mother to relocate to Australia with the children in January 2025.
  • Mother to facilitate regular indirect and direct contact between the children and their father, including visits to the UK and financial support for the father's travel.