F v M

F v M

A's welfare is best served by returning to Northamptonshire to live with F, as M has demonstrated inability to promote a meaningful relationship between A and F, and the emotional need for breastfeeding does not outweigh the need for A to have a proper relationship with both parents. F is able to meet A's needs and promote contact with M, while M's relocation was not genuine or realistic under the 'Payne factors'.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
21 February 2025
Procedural Posture
Family / Final Judgment
Outcome
A is to be returned to Northamptonshire to live with F; orders made for residence and contact depending on M's choice to return or remain in Scotland.
Legal Topics
Child Residence, Relocation, Contact Arrangements, Welfare of the Child
Family Law Child Residence Relocation Contact Arrangements Welfare of the Child

Case Brief

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Parties

F

Applicant

M

Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Which parent should A live with?
  2. 2 How much time should A spend with the parent with whom he is not living?
  3. 3 Whether M's relocation to Scotland should be retrospectively permitted

Ratio Decidendi

A's welfare is best served by returning to Northamptonshire to live with F, as M has demonstrated inability to promote a meaningful relationship between A and F, and the emotional need for breastfeeding does not outweigh the need for A to have a proper relationship with both parents. F is able to meet A's needs and promote contact with M, while M's relocation was not genuine or realistic under the 'Payne factors'.

Court Disposition

A is to be returned to Northamptonshire to live with F; orders made for residence and contact depending on M's choice to return or remain in Scotland.

Orders

  • A specific issue order that A is to be returned to Northamptonshire by no later than 21 days after the date of the order.
  • A shall live with F upon return.