Father v Mother & Ors

Father v Mother & Ors

Eve's welfare is paramount; relocation to Country A is refused due to high risk of estrangement from her mother and lack of safeguards in a non-Hague Convention country. Changing Eve's living arrangements to reside with her mother is also refused due to lack of stability and emotional impact. Contact arrangements...

Source-derived case information.

Parties
Applicant: Father; Respondent: Mother; Respondent: Children (via the Guardian)
Jurisdiction
England and Wales
Judgment Date
05 July 2022
Procedural Posture
Child Arrangements/relocation / Final Judgment
Outcome
Father's application to relocate refused; mother's application for Eve to live with her refused; Prohibited Steps Order and section 91(14) Order granted.
Legal Topics
International Child Relocation, Child Arrangements, Prohibited Steps Order, Section 91(14) Children Act, Welfare Checklist, Hague Convention
Family Law International Child Relocation Child Arrangements Prohibited Steps Order Section 91(14) Children Act Welfare Checklist Hague Convention

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Parties

Father

Applicant

Mother

Respondent

Children (via the Guardian)

Respondent

Procedural Posture

Child Arrangements/relocation / Final Judgment

Legal Issues

  1. 1 Should the father be permitted to relocate with Eve to Country A?
  2. 2 Should Eve live with the mother?
  3. 3 What contact arrangements should be made if relocation is refused?

Ratio Decidendi

Eve's welfare is paramount; relocation to Country A is refused due to high risk of estrangement from her mother and lack of safeguards in a non-Hague Convention country. Changing Eve's living arrangements to reside with her mother is also refused due to lack of stability and emotional impact. Contact arrangements and travel are restricted to Hague Convention countries, and a Prohibited Steps Order and section 91(14) Order are made to prevent further disruptive applications.

Court Disposition

Father's application to relocate refused; mother's application for Eve to live with her refused; Prohibited Steps Order and section 91(14) Order granted.

Orders

  • Father's application to relocate with Eve to Country A refused.
  • Mother's application for Eve to live with her refused.