H-N: the welfare hearing, Re

H-N: the welfare hearing, Re

HN should remain living with his mother in London under a child arrangements order, with a condition that he attends mainstream state primary school. The risk of emotional harm and trauma from relocating HN to France outweighs the benefits, given his age, attachments, and the professional evidence. Both parents must promote the child’s relationship with the other parent. The father’s application to remove HN to France is dismissed. Extensive contact with the father is ordered, including holidays in France.

Parties
Applicant: AH; First Respondent: AN; Second Respondent: HN, a child (via their Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
05 October 2022
Procedural Posture
Children Act Proceedings (welfare Hearing, Leave to Remove) / Final Judgment
Outcome
Father’s application for HN to live with him and for leave to remove HN to France dismissed. Child arrangements order in favour of mother, with conditions.
Legal Topics
Child Arrangements, Leave to Remove From Jurisdiction, Welfare of the Child, Contact Arrangements, Parental Responsibility
Family Law Child Law Child Arrangements Leave to Remove From Jurisdiction Welfare of the Child Contact Arrangements Parental Responsibility

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Parties

AH

Applicant

AN

First Respondent

HN, a child (via their Children’s Guardian)

Second Respondent

Procedural Posture

Children Act Proceedings (welfare Hearing, Leave to Remove) / Final Judgment

Legal Issues

  1. 1 Whether HN should live with his mother in England or his father in France
  2. 2 Whether HN should attend mainstream school
  3. 3 How to structure contact between HN and the non-residential parent

Ratio Decidendi

HN should remain living with his mother in London under a child arrangements order, with a condition that he attends mainstream state primary school. The risk of emotional harm and trauma from relocating HN to France outweighs the benefits, given his age, attachments, and the professional evidence. Both parents must promote the child’s relationship with the other parent. The father’s application to remove HN to France is dismissed. Extensive contact with the father is ordered, including holidays in France.

Court Disposition

Father’s application for HN to live with him and for leave to remove HN to France dismissed. Child arrangements order in favour of mother, with conditions.

Orders

  • HN to live with his mother under a child arrangements order.
  • Condition: HN must attend mainstream state primary school full-time after a transition period.