A (A Child) (No 2) [2014] EWCC B52 (Fam) (06 February 2014)

A (A Child) (No 2) [2014] EWCC B52 (Fam) (06 February 2014)

Residence should remain with the mother due to A's close emotional bond and primary care, and permission to relocate to D is granted as refusal would adversely affect mother's psychological wellbeing and consequently A's welfare, with safeguards for contact.

Citation
[2014] EWCC B52 (Fam)
Parties
Applicant: B; Respondent: C
Jurisdiction
England and Wales
Judgment Date
06 February 2014
Procedural Posture
Family Law Children Act 1989 / Final Welfare Hearing
Outcome
Residence order remains with mother; permission granted for mother to relocate with A to D.
Legal Topics
Residence Order, Relocation, Child Welfare, Contact Arrangements, Emotional Harm, Parental Conflict
Family Law Residence Order Relocation Child Welfare Contact Arrangements Emotional Harm Parental Conflict

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Parties

B

Applicant

C

Respondent

Procedural Posture

Family Law Children Act 1989 / Final Welfare Hearing

Legal Issues

  1. 1 Should residence of A be changed to the father?
  2. 2 Should the mother be permitted to relocate with A to D?
  3. 3 Has the mother accepted the court's findings regarding allegations against the father?

Ratio Decidendi

Residence should remain with the mother due to A's close emotional bond and primary care, and permission to relocate to D is granted as refusal would adversely affect mother's psychological wellbeing and consequently A's welfare, with safeguards for contact.

Court Disposition

Residence order remains with mother; permission granted for mother to relocate with A to D.

Orders

  • Mother permitted to relocate A to D.
  • Contact arrangements to be maintained and reinforced.