GT v RJ

GT v RJ

The application for relocation is dismissed because the mother failed to demonstrate that the proposed change would be more in the children's interests than maintaining their familiar life in London. The court found the case manipulative and lacking candour, with concerns about compliance and negative influence from the mother's new husband. The best interests of the children require their return to London under the mother's primary care, with frequent contact to the father.

Parties
Applicant: GT; Respondent and Cross Applicant: RJ
Jurisdiction
England and Wales
Judgment Date
27 April 2018
Procedural Posture
Children Act Relocation Application / Final Judgment After Full Hearing
Outcome
Application dismissed
Legal Topics
Relocation of Children, Best Interests of the Child, Child Arrangements, Parental Responsibility
Family Law Children Law Relocation of Children Best Interests of the Child Child Arrangements Parental Responsibility

Case Brief

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Parties

GT

Applicant

RJ

Respondent and Cross Applicant

Procedural Posture

Children Act Relocation Application / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate the children from the UK to Ukraine
  2. 2 Whether the father's consent to relocation was unreasonably withheld
  3. 3 Assessment of the children's best interests under section 1(3) Children Act 1989

Ratio Decidendi

The application for relocation is dismissed because the mother failed to demonstrate that the proposed change would be more in the children's interests than maintaining their familiar life in London. The court found the case manipulative and lacking candour, with concerns about compliance and negative influence from the mother's new husband. The best interests of the children require their return to London under the mother's primary care, with frequent contact to the father.

Court Disposition

Application dismissed

Orders

  • Children to return to London under mother's primary care
  • Father's contact to resume in London as before 25 November 2017