D v D

D v D

The court refused the mother's application for internal relocation to Somerset because the risk of emotional harm to the children, arising from the likely marginalisation of their relationship with their father, outweighed the benefits of relocation. The evidence demonstrated the mother would not actively promote the father's role if relocation was permitted. The best interests of the children are served by continuing the shared care arrangement in London, with both parents playing a significant role in their lives.

Parties
Applicant: Ms D; Respondent: Mr D
Jurisdiction
England and Wales
Judgment Date
03 September 2022
Procedural Posture
Child Arrangements and Relocation (family) / Final Judgment After Contested Hearing
Outcome
Mother's application for internal relocation refused; shared care arrangement in London to continue.
Legal Topics
Child Arrangements Order, Prohibited Steps Order, Internal Relocation, Welfare Principle, Parental Responsibility
Family Law Children Law Child Arrangements Order Prohibited Steps Order Internal Relocation Welfare Principle Parental Responsibility

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Parties

Ms D

Applicant

Mr D

Respondent

Procedural Posture

Child Arrangements and Relocation (family) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether to permit internal relocation of children with mother to Somerset
  2. 2 Whether to vary existing shared care arrangement
  3. 3 Assessment of best interests of the children under the welfare checklist

Ratio Decidendi

The court refused the mother's application for internal relocation to Somerset because the risk of emotional harm to the children, arising from the likely marginalisation of their relationship with their father, outweighed the benefits of relocation. The evidence demonstrated the mother would not actively promote the father's role if relocation was permitted. The best interests of the children are served by continuing the shared care arrangement in London, with both parents playing a significant role in their lives.

Court Disposition

Mother's application for internal relocation refused; shared care arrangement in London to continue.

Orders

  • A and B to continue residing alternate weeks with each parent in London.
  • Children to attend schools in London.