H (Children: Relocation), Re

There is insufficient justification to interfere with the children's current living arrangements; the welfare checklist and evidence do not support relocation to the Netherlands. The children's welfare is best served by a joint live with order, maintaining their residence in England and regular contact with both parents.

Parties: Applicant: Mother; Respondent: Father
Jurisdiction: England and Wales
Judgment Date: 30 October 2019
Procedural Posture: Children Act Proceedings / Final Judgment
Outcome: Father's application for relocation dismissed; joint live with order granted.
Legal Topics: Child Relocation, Joint Residence, Parental Responsibility, Welfare Checklist, International Relocation

Family Law Child Welfare Child Relocation Joint Residence Parental Responsibility Welfare Checklist International Relocation

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2

Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Children Act Proceedings / Final Judgment

Legal Issues

1 Should the children be permitted to relocate to the Netherlands with their father?
2 What living arrangements best serve the children's welfare?
3 How should the children's cultural and educational needs be balanced?

Ratio Decidendi

Court Disposition

Father's application for relocation dismissed; joint live with order granted.

Orders

Children to continue living with both parents under a joint live with order.
Christmas holidays to alternate between parents, commencing no later than 23 December and concluding 29 December.