D v T [2023] EWFC 285 (B) (26 September 2023)

D v T [2023] EWFC 285 (B) (26 September 2023)

The mother's proposal provides greater stability, a stronger support network, and immediate appropriate accommodation for the children, outweighing the disruption of relocation. The harm of losing a combined principal carer is best mitigated by the mother's plan. The effects of change are not so great as to undermine the welfare assessment. Permission for relocation is granted and the prohibited steps order is dismissed.

Citation
[2023] EWFC 285 (B)
Parties
Applicant: Ms T; Respondent: Mr D
Jurisdiction
England and Wales
Judgment Date
26 September 2023
Procedural Posture
International Relocation (children) / Final Hearing
Outcome
application for international relocation granted; prohibited steps order dismissed
Legal Topics
International Relocation, Child Welfare, Prohibited Steps Order, Parental Responsibility
Family Law International Relocation Child Welfare Prohibited Steps Order Parental Responsibility

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Parties

Ms T

Applicant

Mr D

Respondent

Procedural Posture

International Relocation (children) / Final Hearing

Legal Issues

  1. 1 Should permission be granted for international relocation of two children with their mother to Germany?
  2. 2 Should the prohibited steps order preventing removal from the UK be maintained or discharged?

Ratio Decidendi

The mother's proposal provides greater stability, a stronger support network, and immediate appropriate accommodation for the children, outweighing the disruption of relocation. The harm of losing a combined principal carer is best mitigated by the mother's plan. The effects of change are not so great as to undermine the welfare assessment. Permission for relocation is granted and the prohibited steps order is dismissed.

Court Disposition

application for international relocation granted; prohibited steps order dismissed

Orders

  • Permission granted for Ms T to relocate with the children to Germany.
  • Prohibited steps order preventing removal from the UK is dismissed.