A (A Child : permission to permanently relocate) [2016] EWHC 2691 (Fam) (23 September 2016)

A (A Child : permission to permanently relocate) [2016] EWHC 2691 (Fam) (23 September 2016)

The child's welfare is best served by granting the mother's application to relocate to the United States, as her circumstances there offer greater security and stability, and the mother is emotionally fulfilled, outweighing the detriment to the father's contact. The application is genuinely motivated and practical, and the mother and stepfather have assured facilitation of the father's contact.

Citation
[2016] EWHC 2691 (Fam)
Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
23 September 2016
Procedural Posture
Children Act 1989 Relocation Application / Final Hearing
Outcome
Application granted
Legal Topics
Child Relocation, Parental Responsibility, Child Welfare, Contact Arrangements
Family Law Child Relocation Parental Responsibility Child Welfare Contact Arrangements

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Parties

F

Applicant

M

Respondent

Procedural Posture

Children Act 1989 Relocation Application / Final Hearing

Legal Issues

  1. 1 Whether permission should be granted for the mother to permanently relocate with the child to the United States
  2. 2 Impact of relocation on the child's welfare and parental contact
  3. 3 Mother's compliance with court orders

Ratio Decidendi

The child's welfare is best served by granting the mother's application to relocate to the United States, as her circumstances there offer greater security and stability, and the mother is emotionally fulfilled, outweighing the detriment to the father's contact. The application is genuinely motivated and practical, and the mother and stepfather have assured facilitation of the father's contact.

Court Disposition

Application granted

Orders

  • Permission for the mother to permanently relocate with the child to the United States
  • Provision for the father's direct and indirect contact with the child