Re T (A Child: Application to Permanently Relocate)

Re T (A Child: Application to Permanently Relocate)

It would be wholly contrary to T’s welfare best interests to order her return to England and Wales; she is settled and happy in Estonia, wishes to remain with her mother, and further litigation or forced return would cause emotional harm. The Estonian courts are now best placed to make welfare decisions about T.

Parties
Applicant: P; First Respondent: K; Second Respondent: L; Third Respondent: N
Jurisdiction
England and Wales
Judgment Date
08 February 2023
Procedural Posture
Family / Judgment After Trial of Multiple Applications
Outcome
All applications dismissed except discharge of child arrangements order; leave to remove refused.
Legal Topics
Child Arrangements, Relocation of Child, Enforcement of Child Arrangements, Habitual Residence, Parental Responsibility, Contact Orders, Jurisdiction, Welfare of the Child
Family Law Child Law International Family Law Child Arrangements Relocation of Child Enforcement of Child Arrangements Habitual Residence Parental Responsibility +3 more

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Parties

P

Applicant

K

First Respondent

L

Second Respondent

N

Third Respondent

Procedural Posture

Family / Judgment After Trial of Multiple Applications

Legal Issues

  1. 1 Whether the child T should be returned from Estonia to England and Wales
  2. 2 Whether to grant leave for permanent removal of T from England and Wales to Estonia
  3. 3 Whether to enforce or discharge existing child arrangements orders

Ratio Decidendi

It would be wholly contrary to T’s welfare best interests to order her return to England and Wales; she is settled and happy in Estonia, wishes to remain with her mother, and further litigation or forced return would cause emotional harm. The Estonian courts are now best placed to make welfare decisions about T.

Court Disposition

All applications dismissed except discharge of child arrangements order; leave to remove refused.

Orders

  • Father’s applications for contact and return of T to England and Wales dismissed.
  • Paternal grandparents’ application for enforcement of child arrangements order dismissed.