H & Anor v S & Anor

H & Anor v S & Anor

Sophia’s welfare is best served by permitting her to relocate with her fathers to European Country A. The applicants’ proposals for maintaining and fostering Sophia’s relationship with her mother are sufficient and credible. The mother’s application for a transfer of residence is rejected as there is no evidence of changed circumstances or ability to meet Sophia’s emotional needs. The interference with the mother’s and Sophia’s Article 8 rights is proportionate and justified by Sophia’s need for stability, continuity in education, and secure family life with her fathers. The arrangements for contact and parental responsibility post-relocation are in Sophia’s best interests.

Parties
Applicant: H; Applicant: B; First Respondent: S; Second Respondent: Sophia (by her Children’s Guardian Daisy Veitch)
Jurisdiction
England and Wales
Judgment Date
28 March 2024
Procedural Posture
Private Law Children Proceedings (relocation and Residence) / Final Judgment
Outcome
Application to relocate granted; application for transfer of residence refused.
Legal Topics
Relocation of Child, Variation of Child Arrangements Order, Parental Responsibility, Contact Arrangements, Welfare Checklist, Article 8 ECHR, Reporting Restrictions
Family Law Children Law Relocation of Child Variation of Child Arrangements Order Parental Responsibility Contact Arrangements Welfare Checklist Article 8 ECHR +1 more

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Parties

H

Applicant

B

Applicant

S

First Respondent

Sophia (by her Children’s Guardian Daisy Veitch)

Second Respondent

Procedural Posture

Private Law Children Proceedings (relocation and Residence) / Final Judgment

Legal Issues

  1. 1 Whether Sophia should relocate with her fathers to European Country A
  2. 2 Whether residence should transfer to her mother
  3. 3 What contact arrangements are in Sophia’s best interests

Ratio Decidendi

Sophia’s welfare is best served by permitting her to relocate with her fathers to European Country A. The applicants’ proposals for maintaining and fostering Sophia’s relationship with her mother are sufficient and credible. The mother’s application for a transfer of residence is rejected as there is no evidence of changed circumstances or ability to meet Sophia’s emotional needs. The interference with the mother’s and Sophia’s Article 8 rights is proportionate and justified by Sophia’s need for stability, continuity in education, and secure family life with her fathers. The arrangements for contact and parental responsibility post-relocation are in Sophia’s best interests.

Court Disposition

Application to relocate granted; application for transfer of residence refused.

Orders

  • Permission granted for Sophia to relocate with her fathers to European Country A.
  • Variation of child arrangements order to reflect relocation and new contact arrangements.