BB v CC (residence order) [2018] EWFC B78 (15 October 2018)

BB v CC (residence order) [2018] EWFC B78 (15 October 2018)

The Recorder correctly applied the welfare principle under s.1 Children Act 1989, conducted a thorough welfare analysis, and was entitled to order the mother to relocate with the child to the South East to facilitate shared care and maintain the child's relationship with both parents. There is no legal requirement for exceptional circumstances in internal relocation; the paramount consideration is the child's welfare.

Citation
[2018] EWFC B78
Parties
Appellant: BB; Respondent: CC
Jurisdiction
England and Wales
Judgment Date
15 October 2018
Procedural Posture
Family Law Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Residence Order, Internal Relocation, Shared Care, Welfare Principle, Children Act 1989
Family Law Residence Order Internal Relocation Shared Care Welfare Principle Children Act 1989

Case Brief

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Parties

BB

Appellant

CC

Respondent

Procedural Posture

Family Law Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Recorder erred in law or welfare analysis by ordering the mother to relocate with the child from North East England to South East England
  2. 2 Whether exceptional circumstances are required for an order compelling internal relocation
  3. 3 Whether the welfare of the child was correctly assessed

Ratio Decidendi

The Recorder correctly applied the welfare principle under s.1 Children Act 1989, conducted a thorough welfare analysis, and was entitled to order the mother to relocate with the child to the South East to facilitate shared care and maintain the child's relationship with both parents. There is no legal requirement for exceptional circumstances in internal relocation; the paramount consideration is the child's welfare.

Court Disposition

appeal dismissed

Orders

  • Shared residence order upheld requiring mother and child to relocate to South East England
  • Father to pay £680 per month in child maintenance until March 2019