AY v AS [2019] EWHC 3043 (Fam) (14 November 2019)

AY v AS [2019] EWHC 3043 (Fam) (14 November 2019)

The mother's application for external relocation is premature and contrary to A's best interests until internal relocation has been authentically tried and failed. The secondary solution of internal relocation is adopted, with agreed arrangements for holiday travel to Kazakhstan subject to safeguards.

Source-derived case information.

Citation
[2019] EWHC 3043 (Fam)
Parties
Applicant: AY; 1st Respondent: AS; 2nd Respondent: A (By her Children's Guardian Sally Perryman)
Jurisdiction
England and Wales
Judgment Date
14 November 2019
Procedural Posture
Child Relocation Application / Final Judgment
Outcome
Mother's application for permanent relocation to Kazakhstan dismissed; internal relocation permitted; holiday travel to Kazakhstan allowed with safeguards.
Legal Topics
Child Relocation, Parental Responsibility, Child Arrangements, International Child Abduction, Jurisdiction
Family Law Child Relocation Parental Responsibility Child Arrangements International Child Abduction Jurisdiction

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Parties

AY

Applicant

AS

1st Respondent

A (By her Children's Guardian Sally Perryman)

2nd Respondent

Procedural Posture

Child Relocation Application / Final Judgment

Legal Issues

  1. 1 Whether the mother should be permitted to relocate the child A permanently to Kazakhstan
  2. 2 Whether internal relocation within England and Wales is preferable
  3. 3 Arrangements for holiday travel to Kazakhstan

Ratio Decidendi

The mother's application for external relocation is premature and contrary to A's best interests until internal relocation has been authentically tried and failed. The secondary solution of internal relocation is adopted, with agreed arrangements for holiday travel to Kazakhstan subject to safeguards.

Court Disposition

Mother's application for permanent relocation to Kazakhstan dismissed; internal relocation permitted; holiday travel to Kazakhstan allowed with safeguards.

Orders

  • Child arrangements order: A lives with both parents unless immigration status requires sole residence with mother.
  • Current contact regime continues unless mother relocates outside Devon.