J (A Child : Removal from the jurisdiction) [2015] EWFC B230 (28 September 2015)

J (A Child : Removal from the jurisdiction) [2015] EWFC B230 (28 September 2015)

The court found that J's welfare required him to remain living with his father, who is the primary carer and best able to meet his needs. The father's application to relocate to Canada was genuine, well-researched, and not motivated by a desire to exclude the mother. The mother demonstrated a lack of insight into J's emotional needs, a pattern of impulsive relocations, and a determination to separate J from his father. The balance of harm favored granting permission for J to move to Canada with his father, with robust arrangements for ongoing contact with the mother.

Citation
[2015] EWFC B230
Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
28 September 2015
Procedural Posture
Family Law Child Arrangements and Relocation / Final Judgment
Outcome
Father granted permission to permanently remove J from the UK to live in Canada; mother's application to vary the order dismissed.
Legal Topics
International Relocation of Children, Child Arrangements Orders, Welfare of the Child, Parental Responsibility
Family Law Child Law International Relocation of Children Child Arrangements Orders Welfare of the Child Parental Responsibility

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Parties

F

Applicant

M

Respondent

Procedural Posture

Family Law Child Arrangements and Relocation / Final Judgment

Legal Issues

  1. 1 Should the father be granted permission to permanently remove the child J from the UK to Canada?
  2. 2 Should the existing child arrangements order be varied to place J with the mother instead of the father?

Ratio Decidendi

The court found that J's welfare required him to remain living with his father, who is the primary carer and best able to meet his needs. The father's application to relocate to Canada was genuine, well-researched, and not motivated by a desire to exclude the mother. The mother demonstrated a lack of insight into J's emotional needs, a pattern of impulsive relocations, and a determination to separate J from his father. The balance of harm favored granting permission for J to move to Canada with his father, with robust arrangements for ongoing contact with the mother.

Court Disposition

Father granted permission to permanently remove J from the UK to live in Canada; mother's application to vary the order dismissed.

Orders

  • Fresh child arrangements order: J to live with his father; father to bring J back to the UK at least once a year for four weeks with the mother, starting 2016.
  • Father to make J available for two blocks of two weeks per year with the mother in Canada, if she is able to take up such contact.