IH v FA

IH v FA

The judge's decision to permit relocation was within his discretion, based on a range of relevant factors including the mother's isolation, her exemplary care, and the support available in Canada. Although insufficient weight was given to the impact on contact, this did not fatally undermine the decision.

Parties
Appellant: IH; Respondent: FA
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Family Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Child Relocation, Parental Contact, Domestic Abuse, Child Welfare
Family Law Child Relocation Parental Contact Domestic Abuse Child Welfare

Case Brief

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Parties

IH

Appellant

FA

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge gave sufficient weight to the impact of relocation on the children's relationship with their father
  2. 2 Whether the judge's decision to permit relocation was wrong in law or discretion

Ratio Decidendi

The judge's decision to permit relocation was within his discretion, based on a range of relevant factors including the mother's isolation, her exemplary care, and the support available in Canada. Although insufficient weight was given to the impact on contact, this did not fatally undermine the decision.

Court Disposition

appeal dismissed

Orders

  • Mother permitted to relocate to Canada with the children
  • Supervision requirement for father's contact to be removed by 1 July 2026, subject to completion of parenting course and 2025 contact in England