A, Re [2009] EWCC 1 (Fam) (02 November 2009)

The welfare of the child requires that he be cared for by his mother, who has no support or means in the UK, and the only practical solution is for her to return to Poland with the child. The father's contact interests do not override the child's welfare.

Citation: [2009] EWCC 1 (Fam)
Parties: Applicant: Mother; Respondent: Father; Child: A
Jurisdiction: England and Wales
Judgment Date: 02 November 2009
Procedural Posture: Family Law Child Relocation / Final Judgment
Outcome: Application granted by consent; residence order to mother; leave to remove child from jurisdiction; contact order for father.
Legal Topics: Child Relocation, Residence Order, Contact Order, Welfare of the Child

Family Law Child Relocation Residence Order Contact Order Welfare of the Child

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Mother

Applicant

Father

Respondent

Child

Procedural Posture

Family Law Child Relocation / Final Judgment

Legal Issues

1 Whether the mother should be granted leave to remove the child permanently from the jurisdiction of England and Wales
2 Whether a residence order should be made in favour of the mother
3 What contact arrangements should be made for the father

Ratio Decidendi

Court Disposition

Application granted by consent; residence order to mother; leave to remove child from jurisdiction; contact order for father.

Orders

Residence order in favour of the mother
Leave for the mother to remove the child permanently from England and Wales to Poland