S (A Child), Re (Rev 1)

S (A Child), Re (Rev 1)

It is in S's best interests to live with his mother and relocate to Colombia, where she can better meet his emotional needs, supported by family and friends. The mother is unlikely to cope if required to remain in England, and the father’s controlling attitude would undermine her parenting. The father is granted parental responsibility, but a shared residence order is rejected as inconsistent with S's welfare. Contact arrangements are set to maintain the father’s relationship with S.

Parties
Applicant: R; 1st Respondent: C; 2nd Respondent: S (through his Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
17 May 2013
Procedural Posture
Family / Final Judgment
Outcome
Mother granted residence order and permission to relocate S to Colombia; father granted parental responsibility; detailed contact arrangements ordered.
Legal Topics
Relocation of Child, Residence Order, Parental Responsibility, Contact Arrangements
Family Law Child Welfare Relocation of Child Residence Order Parental Responsibility Contact Arrangements

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Parties

R

Applicant

C

1st Respondent

S (through his Children’s Guardian)

2nd Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Should the mother be granted permission to relocate with S to Colombia?
  2. 2 Should a residence order or shared residence order be made in favour of the father?
  3. 3 Should parental responsibility be granted to the father under English law?

Ratio Decidendi

It is in S's best interests to live with his mother and relocate to Colombia, where she can better meet his emotional needs, supported by family and friends. The mother is unlikely to cope if required to remain in England, and the father’s controlling attitude would undermine her parenting. The father is granted parental responsibility, but a shared residence order is rejected as inconsistent with S's welfare. Contact arrangements are set to maintain the father’s relationship with S.

Court Disposition

Mother granted residence order and permission to relocate S to Colombia; father granted parental responsibility; detailed contact arrangements ordered.

Orders

  • Residence order in favour of the mother.
  • Permission for mother to remove S from jurisdiction after three months.