C (Internal Relocation), Re

C (Internal Relocation), Re

The correct legal test for internal relocation is the paramountcy of the child's welfare, not an exceptionality threshold. The Recorder applied the correct principles, conducted a holistic welfare analysis, and was entitled to conclude that relocation with the mother was in the child's best interests. The appeal is dismissed.

Parties
Applicant: C's Mother; Appellant: C's Father; Intervener: International Centre for Family Law, Policy and Practice
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Family Law Child Arrangements / Relocation / Appeal From Central Family Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Internal Relocation, Child Arrangements, Welfare Principle, Parental Responsibility, Proportionality, Residence Orders
Family Law Child Law Internal Relocation Child Arrangements Welfare Principle Parental Responsibility Proportionality Residence Orders

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Parties

C's Mother

Applicant

C's Father

Appellant

International Centre for Family Law, Policy and Practice

Intervener

Procedural Posture

Family Law Child Arrangements / Relocation / Appeal From Central Family Court to Court of Appeal

Legal Issues

  1. 1 What is the correct legal test for internal relocation of a child within the UK?
  2. 2 Did the Recorder err in permitting the mother to relocate with the child to Cumbria?
  3. 3 Should the welfare principle or an exceptionality test apply to internal relocation cases?

Ratio Decidendi

The correct legal test for internal relocation is the paramountcy of the child's welfare, not an exceptionality threshold. The Recorder applied the correct principles, conducted a holistic welfare analysis, and was entitled to conclude that relocation with the mother was in the child's best interests. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The order permitting the mother to relocate with the child to Cumbria stands.
  • Child arrangements order as made by the Recorder is affirmed.