M & Anor (Children) (Permanent Relocation), Re

M & Anor (Children) (Permanent Relocation), Re

Permission to relocate is granted because the children's welfare would be better served by living with their mother in X, given her inability to provide adequately in the UK, the family's historic international lifestyle, and the arrangements for maintaining a meaningful relationship with the father. The impact on the mother of refusal would likely negatively affect the children, whereas the impact on the father, though significant, can be mitigated by extensive contact.

Parties
Applicant: A Mother; Respondent: A Father
Jurisdiction
England and Wales
Judgment Date
24 April 2024
Procedural Posture
Children Act Proceedings (permanent Relocation) / Final Judgment After Rolled Up Welfare Hearing
Outcome
Permission to relocate granted
Legal Topics
Permanent Relocation, Child Arrangements, Welfare Principle, Contact Orders, Non Molestation Orders
Family Law Children Law Permanent Relocation Child Arrangements Welfare Principle Contact Orders Non Molestation Orders

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Parties

A Mother

Applicant

A Father

Respondent

Procedural Posture

Children Act Proceedings (permanent Relocation) / Final Judgment After Rolled Up Welfare Hearing

Legal Issues

  1. 1 Should the mother be granted permission to permanently relocate the children to country X?
  2. 2 If permission is granted, when should the relocation take place?
  3. 3 What contact arrangements should be made post-relocation?

Ratio Decidendi

Permission to relocate is granted because the children's welfare would be better served by living with their mother in X, given her inability to provide adequately in the UK, the family's historic international lifestyle, and the arrangements for maintaining a meaningful relationship with the father. The impact on the mother of refusal would likely negatively affect the children, whereas the impact on the father, though significant, can be mitigated by extensive contact.

Court Disposition

Permission to relocate granted

Orders

  • Mother granted permission to relocate children to country X.
  • Mother may elect to delay relocation for three weeks to allow father extended contact, or leave as planned and return children for equivalent contact in August.