J (A Child) (Relocation), Re

J (A Child) (Relocation), Re

Permission to remove John from the jurisdiction is refused because the proposed move, while offering potential benefits, would result in significant losses to John's established relationships and stability, which are currently working well and enabling him to thrive. There is no welfare-based necessity for the change, and the risks to John's familial ties and emotional wellbeing outweigh the asserted advantages. A time-limited permission would create further uncertainty and stress, and is not in John's best interests.

Parties
Applicant: A Mother; Respondent: A Father
Jurisdiction
England and Wales
Judgment Date
15 July 2024
Procedural Posture
Family / Judgment After Final Hearing
Outcome
Application dismissed
Legal Topics
Child Relocation, Specific Issue Order, Welfare of the Child, Parental Responsibility
Family Law Child Relocation Specific Issue Order Welfare of the Child Parental Responsibility

Case Brief

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Parties

A Mother

Applicant

A Father

Respondent

Procedural Posture

Family / Judgment After Final Hearing

Legal Issues

  1. 1 Whether permission should be granted for the permanent removal of a child from the jurisdiction to the United Arab Emirates (X)
  2. 2 What arrangements best serve the welfare of the child, John

Ratio Decidendi

Permission to remove John from the jurisdiction is refused because the proposed move, while offering potential benefits, would result in significant losses to John's established relationships and stability, which are currently working well and enabling him to thrive. There is no welfare-based necessity for the change, and the risks to John's familial ties and emotional wellbeing outweigh the asserted advantages. A time-limited permission would create further uncertainty and stress, and is not in John's best interests.

Court Disposition

Application dismissed