AR (A Child: Relocation), Re

AR (A Child: Relocation), Re

The court refused M's application for leave to remove A to France, finding that although M's application was not malevolent, the disruption to A's relationship with F would be damaging and not offset by benefits in France. The paramount consideration was A's welfare, which was best served by remaining in England with a shared residence arrangement, maintaining substantial contact with both parents.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
10 June 2010
Procedural Posture
Family / Judgment After Full Hearing
Outcome
Application for leave to remove child from jurisdiction refused; shared residence order granted.
Legal Topics
Child Relocation, Residence Orders, Shared Residence, Parental Responsibility, Best Interests of the Child
Family Law Child Law Child Relocation Residence Orders Shared Residence Parental Responsibility Best Interests of the Child

Case Brief

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Parties

F

Applicant

M

Respondent

Procedural Posture

Family / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the respondent (M) should be granted leave to permanently remove the child (A) to France
  2. 2 Whether a residence or shared residence order should be made in favour of either parent
  3. 3 What arrangements best serve the welfare and best interests of the child

Ratio Decidendi

The court refused M's application for leave to remove A to France, finding that although M's application was not malevolent, the disruption to A's relationship with F would be damaging and not offset by benefits in France. The paramount consideration was A's welfare, which was best served by remaining in England with a shared residence arrangement, maintaining substantial contact with both parents.

Court Disposition

Application for leave to remove child from jurisdiction refused; shared residence order granted.

Orders

  • M's application for permission to relocate A to France is refused.
  • A shared residence order is made in favour of both parents.