D v T

D v T

The mother's proposal for relocation to Germany presents the stronger case for the children's welfare due to the stability of accommodation, active support network, and her demonstrated ability to care for the children alone for extended periods. The change of circumstances is not harmful but effectful, and the support network outweighs the disruption. The father's uncertainties regarding accommodation, work, and childcare, and the mother's greater vulnerability to refusal, support granting the relocation. The prohibited steps order is dismissed.

Parties
Applicant: D; Respondent: T
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
International Relocation (family) / Final Judgment After Two Day Hearing
Outcome
Application for relocation allowed; prohibited steps order dismissed.
Legal Topics
International Relocation, Prohibited Steps Order, Child Arrangements, Welfare Checklist, Parental Responsibility
Family Law Child Welfare International Relocation Prohibited Steps Order Child Arrangements Welfare Checklist Parental Responsibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

D

Applicant

T

Respondent

Procedural Posture

International Relocation (family) / Final Judgment After Two Day Hearing

Legal Issues

  1. 1 Should the mother be permitted to relocate with the children to Germany?
  2. 2 Should the prohibited steps order preventing international relocation be maintained or dismissed?
  3. 3 What arrangements serve the paramount welfare of the children given the parents' separation and cross-border circumstances?

Ratio Decidendi

The mother's proposal for relocation to Germany presents the stronger case for the children's welfare due to the stability of accommodation, active support network, and her demonstrated ability to care for the children alone for extended periods. The change of circumstances is not harmful but effectful, and the support network outweighs the disruption. The father's uncertainties regarding accommodation, work, and childcare, and the mother's greater vulnerability to refusal, support granting the relocation. The prohibited steps order is dismissed.

Court Disposition

Application for relocation allowed; prohibited steps order dismissed.

Orders

  • Mother permitted to relocate with children to Germany.
  • Prohibited steps order preventing international relocation dismissed.