TC and JC (Children: Relocation) [2013] EWHC 292 (Fam) (21 February 2013)

TC and JC (Children: Relocation) [2013] EWHC 292 (Fam) (21 February 2013)

The decisive factor was that the impact of refusing the mother's application would bear far more heavily on her than the impact on the father if relocation were granted. The welfare of the children would be best served by permitting relocation to Australia, with shared care between both parents, as the mother's ability to meet the children's needs would be significantly diminished if required to remain in the UK under precarious immigration and financial circumstances.

Citation
[2013] EWHC 292 (Fam)
Parties
Applicant: KAC; Respondent: DJC
Jurisdiction
England and Wales
Judgment Date
21 February 2013
Procedural Posture
Application for Relocation of Children (family Law) / Final Hearing and Judgment
Outcome
Mother's application to relocate the children to Australia granted, subject to conditions.
Legal Topics
Child Relocation, Habitual Residence, Shared Care Arrangements, Parental Responsibility, Immigration Status, Welfare of the Child, Hague Convention
Family Law International Child Abduction Child Relocation Habitual Residence Shared Care Arrangements Parental Responsibility Immigration Status Welfare of the Child +1 more

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Parties

KAC

Applicant

DJC

Respondent

Procedural Posture

Application for Relocation of Children (family Law) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the mother should be permitted to relocate the children to Australia
  2. 2 What arrangements serve the best interests and welfare of the children
  3. 3 Impact of parental immigration status and financial circumstances on the children's welfare

Ratio Decidendi

The decisive factor was that the impact of refusing the mother's application would bear far more heavily on her than the impact on the father if relocation were granted. The welfare of the children would be best served by permitting relocation to Australia, with shared care between both parents, as the mother's ability to meet the children's needs would be significantly diminished if required to remain in the UK under precarious immigration and financial circumstances.

Court Disposition

Mother's application to relocate the children to Australia granted, subject to conditions.

Orders

  • Mother's application to relocate the children to Australia is granted, effective from an agreed date in the forthcoming school summer holidays.
  • Children will reside with both parents in Australia, with time divided equally on an alternate weekly basis in term time and as agreed in holidays.