F v M & Anor [2006] EWHC 1783 (Fam) (19 July 2006)

F v M & Anor [2006] EWHC 1783 (Fam) (19 July 2006)

The court found that the mother's application to relocate was genuine and well-researched, not motivated by a desire to exclude the father, and that the ongoing acrimony between the parents was highly damaging to the child. The expert evidence indicated that the current situation was unsustainable and that relocation offered the best chance for stability and reduction of conflict. The welfare of the child required granting the mother's application, subject to conditions ensuring continued contact with the father.

Citation
[2006] EWHC 1783 (Fam)
Parties
Applicant: F; First Respondent: M; Second Respondent: C (A Minor) (Acting through his Guardian ad litem)
Jurisdiction
England and Wales
Judgment Date
19 July 2006
Procedural Posture
Family Law Child Residence and Relocation / Final Hearing and Judgment
Outcome
Mother granted conditional permission to relocate to the United States with the child.
Legal Topics
Child Residence, Leave to Remove From Jurisdiction, Parental Responsibility, Contact Arrangements, Relocation of Child, Welfare of the Child
Family Law Child Law Child Residence Leave to Remove From Jurisdiction Parental Responsibility Contact Arrangements Relocation of Child Welfare of the Child

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Parties

F

Applicant

M

First Respondent

C (A Minor) (Acting through his Guardian ad litem)

Second Respondent

Procedural Posture

Family Law Child Residence and Relocation / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the mother should be permitted to relocate to the United States with the child
  2. 2 Whether the father should be granted sole or joint residence
  3. 3 What contact arrangements are in the best interests of the child

Ratio Decidendi

The court found that the mother's application to relocate was genuine and well-researched, not motivated by a desire to exclude the father, and that the ongoing acrimony between the parents was highly damaging to the child. The expert evidence indicated that the current situation was unsustainable and that relocation offered the best chance for stability and reduction of conflict. The welfare of the child required granting the mother's application, subject to conditions ensuring continued contact with the father.

Court Disposition

Mother granted conditional permission to relocate to the United States with the child.

Orders

  • Mother permitted to remove C to the United States, subject to conditions regarding contact and mirror orders in the US.
  • Contact arrangements for the father to include staying contact in the UK and the US, with specified minimum periods.