C (Internal Relocation), Re [2015] EWCA Civ 1305 (18 December 2015)

C (Internal Relocation), Re [2015] EWCA Civ 1305 (18 December 2015)

The only principle to be applied in internal relocation cases is that the welfare of the child is paramount. There is no separate test of exceptionality; restrictions on parental relocation are only imposed if required by the child's welfare. The Recorder correctly applied the welfare principle and considered all...

Source-derived case information.

Citation
[2015] EWCA Civ 1305
Parties
Appellant: C's Father; Respondent: C's Mother; Intervener: International Centre for Family Law, Policy and Practice
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Internal Relocation, Child Arrangements, Welfare Principle, Parental Rights
Family Law Internal Relocation Child Arrangements Welfare Principle Parental Rights

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Parties

C's Father

Appellant

C's Mother

Respondent

International Centre for Family Law, Policy and Practice

Intervener

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the mother should be permitted to relocate internally with the child
  2. 2 Whether the Recorder applied the correct legal principles to internal relocation
  3. 3 Whether the welfare of the child is paramount in internal relocation cases

Ratio Decidendi

The only principle to be applied in internal relocation cases is that the welfare of the child is paramount. There is no separate test of exceptionality; restrictions on parental relocation are only imposed if required by the child's welfare. The Recorder correctly applied the welfare principle and considered all relevant factors, including the child's wishes, the mother's motivations, and the practicalities of maintaining the child's relationship with the father.

Court Disposition

Appeal dismissed

Orders

  • Mother permitted to relocate with child to Cumbria
  • Child arrangements order specifying division of time between parents