TC and JC (Children: Relocation)

TC and JC (Children: Relocation)

The decisive factor is that the impact of refusing relocation would bear far more heavily on the mother than granting it would on the father, given her fragile character, financial and immigration difficulties, and lack of support in the UK. The welfare of the children is best served by permitting relocation to Australia, with equal shared care between both parents.

Parties
Applicant: KAC; Respondent: DJC
Jurisdiction
England and Wales
Judgment Date
21 February 2013
Procedural Posture
Relocation Application (children/family) / Final Judgment
Outcome
Mother's application to relocate the children to Australia granted.
Legal Topics
Child Relocation, Child Abduction, Shared Care Arrangements, Habitual Residence, Immigration Status, Paramountcy Principle
Family Law Child Law International Law Child Relocation Child Abduction Shared Care Arrangements Habitual Residence Immigration Status +1 more

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Parties

KAC

Applicant

DJC

Respondent

Procedural Posture

Relocation Application (children/family) / Final Judgment

Legal Issues

  1. 1 Should the mother be permitted to relocate the children to Australia?
  2. 2 What arrangements should be made for shared care and contact?
  3. 3 How do immigration and financial circumstances affect the welfare of the children?

Ratio Decidendi

The decisive factor is that the impact of refusing relocation would bear far more heavily on the mother than granting it would on the father, given her fragile character, financial and immigration difficulties, and lack of support in the UK. The welfare of the children is best served by permitting relocation to Australia, with equal shared care between both parents.

Court Disposition

Mother's application to relocate the children to Australia granted.

Orders

  • Relocation to Australia to take effect in the school summer holidays.
  • Children to reside with both parents in Australia, time divided equally on alternate weekly basis in term time and equally in holidays.