M v B [2014] EWHC 2686 (Fam) (24 July 2014)

M v B [2014] EWHC 2686 (Fam) (24 July 2014)

The child’s welfare is best served by permitting relocation to Abu Dhabi with the mother, given the destructive parental conflict, the advantages of proximity to his sister, improved living standards, and the mother’s credible undertakings to facilitate contact. Risks associated with travel to Algeria justify refusal of any such trips. The application is well motivated, researched, and realistic.

Citation
[2014] EWHC 2686 (Fam)
Parties
Applicant: M; Respondent: B
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Relocation Application (family Law) / Final Judgment
Outcome
Application granted
Legal Topics
Child Relocation, Child Welfare, Parental Contact, Nullity of Marriage, Best Interests of the Child
Family Law Child Relocation Child Welfare Parental Contact Nullity of Marriage Best Interests of the Child

Case Brief

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Parties

M

Applicant

B

Respondent

Procedural Posture

Relocation Application (family Law) / Final Judgment

Legal Issues

  1. 1 Whether the applicant mother should be permitted to relocate with the child to Abu Dhabi
  2. 2 Impact of relocation on child’s welfare and parental contact
  3. 3 Risks associated with travel to Algeria

Ratio Decidendi

The child’s welfare is best served by permitting relocation to Abu Dhabi with the mother, given the destructive parental conflict, the advantages of proximity to his sister, improved living standards, and the mother’s credible undertakings to facilitate contact. Risks associated with travel to Algeria justify refusal of any such trips. The application is well motivated, researched, and realistic.

Court Disposition

Application granted

Orders

  • Permission for the mother to relocate with the child to Abu Dhabi
  • Mother to return child to England three times a year for contact with father