B v C

B v C

It is in the welfare best interests of the child to grant the mother permission to relocate with the child to Israel, as both parents are capable carers, the child is familiar with Israel and his extended family, and the mother's motives are genuine. The adverse impact on the father's contact is outweighed by the benefits to the child and mother, and the mother will promote ongoing contact. The acrimonious parental relationship is unlikely to improve if the mother remains in the UK, and refusing relocation would adversely affect the mother's well-being, which may impact the child.

Parties
Applicant: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
18 March 2016
Procedural Posture
Child Arrangements and Relocation Application / Judgment After Contested Hearing
Outcome
Mother granted permission to relocate with the child to Israel, subject to finalisation of contact arrangements.
Legal Topics
Child Arrangements, Relocation of Child, Welfare Principle, Contact Orders, Parental Responsibility
Family Law Child Law Child Arrangements Relocation of Child Welfare Principle Contact Orders Parental Responsibility

Case Brief

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Parties

B

Applicant

C

Respondent

Procedural Posture

Child Arrangements and Relocation Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate permanently to Israel with the child
  2. 2 Whether the father's contact with the child should be reduced if relocation is refused
  3. 3 What child arrangements are in the best interests of the child

Ratio Decidendi

It is in the welfare best interests of the child to grant the mother permission to relocate with the child to Israel, as both parents are capable carers, the child is familiar with Israel and his extended family, and the mother's motives are genuine. The adverse impact on the father's contact is outweighed by the benefits to the child and mother, and the mother will promote ongoing contact. The acrimonious parental relationship is unlikely to improve if the mother remains in the UK, and refusing relocation would adversely affect the mother's well-being, which may impact the child.

Court Disposition

Mother granted permission to relocate with the child to Israel, subject to finalisation of contact arrangements.

Orders

  • Permission granted to the mother to make an application to relocate to Israel with the child.
  • Interim permission for the mother to take the child to Israel to assist her mother in caring for her terminally ill father.