A (A Child), Re (Relocation)

A (A Child), Re (Relocation)

The mother is granted permission to relocate A to Slovakia because her welfare is best served by living with her mother in a supportive environment, free from the father's controlling and abusive behaviour. The risk of harm to A from the father's abuse outweighs the detriment of reduced contact with the father. The mother has demonstrated commitment to facilitating contact, and arrangements are feasible for continued direct and indirect contact. The father’s evidence was dishonest and his allegations against the mother were rejected.

Parties
Applicant: Applicant Father; Respondent: Respondent Mother
Jurisdiction
England and Wales
Judgment Date
30 October 2020
Procedural Posture
Relocation Application / Summary Return Under Inherent Jurisdiction / Final Judgment After Fact Finding and Welfare Hearing
Outcome
Mother granted permission to relocate A to Slovakia; A to reside with mother.
Legal Topics
Child Relocation, Domestic Violence, Child Welfare, Contact Arrangements, Parental Responsibility
Family Law International Child Law Child Relocation Domestic Violence Child Welfare Contact Arrangements Parental Responsibility

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Parties

Applicant Father

Applicant

Respondent Mother

Respondent

Procedural Posture

Relocation Application / Summary Return Under Inherent Jurisdiction / Final Judgment After Fact Finding and Welfare Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate the child A to Slovakia
  2. 2 Whether the father perpetrated domestic violence and abuse against the mother
  3. 3 Whether the mother fabricated allegations of abuse

Ratio Decidendi

The mother is granted permission to relocate A to Slovakia because her welfare is best served by living with her mother in a supportive environment, free from the father's controlling and abusive behaviour. The risk of harm to A from the father's abuse outweighs the detriment of reduced contact with the father. The mother has demonstrated commitment to facilitating contact, and arrangements are feasible for continued direct and indirect contact. The father’s evidence was dishonest and his allegations against the mother were rejected.

Court Disposition

Mother granted permission to relocate A to Slovakia; A to reside with mother.

Orders

  • Contact with father to continue as currently arranged until relocation; after relocation, contact as proposed by mother (one weekend per month in England, additional weekend in Slovakia if father chooses, regular video contact).
  • Cafcass to refer father to Domestic Abuse Perpetrator Programme (DAPP), reports to be shared with mother and Slovakian courts.