H v F (Relocation)

It is clearly in A’s best interests that the mother should be her main carer in the future, as she and her family are better able to meet A’s long-term needs than the father and his family. The mother’s relocation to New Zealand is necessary due to her immigration status and lack of support in England, and arrangements for contact with the father have been agreed.

Parties: Applicant: H; Respondent: F
Jurisdiction: England and Wales
Judgment Date: 18 June 2014
Procedural Posture: Family / Judgment
Outcome: Child arrangements order granted; A to live with her mother in New Zealand and spend time with her father as agreed.
Legal Topics: Child Relocation, Child Custody, Welfare of the Child

Family Law Child Relocation Child Custody Welfare of the Child

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Applicant

Respondent

Procedural Posture

Family / Judgment

Legal Issues

1 Should A's primary residence be with her mother in New Zealand or her father in England?
2 Is the mother capable of providing adequate care for A?
3 Does the father's allegation of harm and risk from the mother have merit?

Ratio Decidendi

Court Disposition

Child arrangements order granted; A to live with her mother in New Zealand and spend time with her father as agreed.

Orders

A will live with her mother in New Zealand.
A will spend time with her father on occasions agreed by the parties.