R, Re (A Child : Relocation)

R, Re (A Child : Relocation)

The mother’s application to relocate is dismissed because her proposals do not adequately safeguard the child’s relationship with his father, and the likelihood is she would not adhere to the contact regime. The father’s application for a child arrangements order is granted, as shared care is in the child’s welfare interests and both parents are capable of providing care.

Parties
Applicant: C; Respondent: B
Jurisdiction
England and Wales
Judgment Date
05 February 2015
Procedural Posture
Child Arrangements and Relocation / Final Judgment and Supplementary Order
Outcome
Mother’s application to relocate dismissed; father’s application for child arrangements order granted.
Legal Topics
Child Arrangements, Relocation, Parental Responsibility, Welfare Principle
Family Law Child Arrangements Relocation Parental Responsibility Welfare Principle

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Parties

C

Applicant

B

Respondent

Procedural Posture

Child Arrangements and Relocation / Final Judgment and Supplementary Order

Legal Issues

  1. 1 Should the mother be permitted to relocate with the child to Hong Kong?
  2. 2 What child arrangements are in the best interests of the child?
  3. 3 Does the mother’s proposal adequately safeguard the father’s relationship with the child?

Ratio Decidendi

The mother’s application to relocate is dismissed because her proposals do not adequately safeguard the child’s relationship with his father, and the likelihood is she would not adhere to the contact regime. The father’s application for a child arrangements order is granted, as shared care is in the child’s welfare interests and both parents are capable of providing care.

Court Disposition

Mother’s application to relocate dismissed; father’s application for child arrangements order granted.

Orders

  • Child arrangements order: child to spend three nights a week with father and four nights with mother.
  • Mother prohibited from relocating child to Hong Kong.