AY v AS

AY v AS

The mother's application to relocate A to Kazakhstan is premature and contrary to A's best interests at this time, as it poses an appreciable risk to the essential nature and quality of the bond between A and her father. Internal relocation within England and Wales should be tried first. The application is dismissed, but arrangements are made for internal relocation and holiday contact with Kazakhstan, subject to safeguards.

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
Application dismissed
Legal Topics
Relocation of Child, Best Interests of the Child, Contact Arrangements, Jurisdiction, Parental Responsibility
Family Law Child Law Relocation of Child Best Interests of the Child Contact Arrangements Jurisdiction Parental Responsibility

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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 applicant mother should be permitted to relocate the child A permanently to Kazakhstan
  2. 2 Whether internal relocation within England and Wales is a suitable alternative
  3. 3 What contact arrangements are in the best interests of the child

Ratio Decidendi

The mother's application to relocate A to Kazakhstan is premature and contrary to A's best interests at this time, as it poses an appreciable risk to the essential nature and quality of the bond between A and her father. Internal relocation within England and Wales should be tried first. The application is dismissed, but arrangements are made for internal relocation and holiday contact with Kazakhstan, subject to safeguards.

Court Disposition

Application dismissed

Orders

  • Child arrangements order that A lives with both parents unless immigration status requires otherwise
  • Current contact regime to continue in Devon unless otherwise agreed