M v B

M v B

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 standard of living, and the risk of harm from current contact regime. The mother has demonstrated proper motivation, planning, and commitment to maintaining contact with the father. The risk of the child not being allowed to leave Algeria if he visits is real and justifies refusal of travel to Algeria.

Parties
Applicant: M; Respondent: B
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Relocation Order Application (children Act 1989) / Judgment
Outcome
Application granted
Legal Topics
Child Relocation, Child Welfare, Parental Contact, Nullity of Marriage, Bigamy
Family Law Child Relocation Child Welfare Parental Contact Nullity of Marriage Bigamy

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Parties

M

Applicant

B

Respondent

Procedural Posture

Relocation Order Application (children Act 1989) / Judgment

Legal Issues

  1. 1 Whether the mother should be permitted to relocate with the child to Abu Dhabi
  2. 2 Impact of relocation on the child's welfare and contact with the father
  3. 3 Risk of child not being allowed to leave Algeria if he visits

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 standard of living, and the risk of harm from current contact regime. The mother has demonstrated proper motivation, planning, and commitment to maintaining contact with the father. The risk of the child not being allowed to leave Algeria if he visits is real and justifies refusal of travel to Algeria.

Court Disposition

Application granted

Orders

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