JC v CS

JC v CS

The advantages to the child of remaining in the UK for a further 20 months are heavily outweighed by the detriment to the mother and, consequently, to the child. The mother's distress and inability to move on would negatively affect her care of the child. The mother's proposals for relocation are genuine and realistic, and the child's welfare is best served by permitting immediate relocation to Australia.

Parties
Applicant: JC; Respondent: CS
Jurisdiction
England and Wales
Judgment Date
16 November 2006
Procedural Posture
Family Law Child Relocation / Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
Child Relocation, Leave to Remove From Jurisdiction, Welfare of the Child, Contact Arrangements
Family Law Child Law Child Relocation Leave to Remove From Jurisdiction Welfare of the Child Contact Arrangements

Case Brief

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Parties

JC

Applicant

CS

Respondent

Procedural Posture

Family Law Child Relocation / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother should be permitted to relocate to Australia with the child immediately or after a delay of 20 months
  2. 2 Whether the delay is in the best interests of the child

Ratio Decidendi

The advantages to the child of remaining in the UK for a further 20 months are heavily outweighed by the detriment to the mother and, consequently, to the child. The mother's distress and inability to move on would negatively affect her care of the child. The mother's proposals for relocation are genuine and realistic, and the child's welfare is best served by permitting immediate relocation to Australia.

Court Disposition

Application granted

Orders

  • The mother is permitted to relocate to Australia with the child in December 2006.
  • Arrangements to facilitate contact between the child and the father, including use of web cam, telephone, and reciprocal court orders.