RC (Mother) v AB (Father)

RC (Mother) v AB (Father)

The court found that the child's best interests would be served by granting the mother permission to relocate him to Angola, subject to robust safeguards for contact with the father, including enforcement mechanisms via the Angolan courts and a charge on the maternal grandmother's London property. The mother's past conduct was improper but not determinative; the arrangements proposed for contact were reasonable and enforceable, and the child had adapted well to life in Angola. The father's concerns about compliance were addressed by the security measures imposed.

Parties
Applicant: RC; Respondent: AB
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Family / Judgment
Outcome
Permission granted for permanent relocation of the child to Angola, subject to conditions.
Legal Topics
Permanent Leave to Remove, Child Arrangements Order, Parental Responsibility, Contact Enforcement, Domestic Violence Allegations
Family Law Child Law International Relocation Permanent Leave to Remove Child Arrangements Order Parental Responsibility Contact Enforcement Domestic Violence Allegations

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Parties

RC

Applicant

AB

Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Should the mother be granted permission to permanently relocate the child to Angola?
  2. 2 What arrangements should be made for the child's contact with the father?
  3. 3 How should the court secure compliance with contact orders post-relocation?

Ratio Decidendi

The court found that the child's best interests would be served by granting the mother permission to relocate him to Angola, subject to robust safeguards for contact with the father, including enforcement mechanisms via the Angolan courts and a charge on the maternal grandmother's London property. The mother's past conduct was improper but not determinative; the arrangements proposed for contact were reasonable and enforceable, and the child had adapted well to life in Angola. The father's concerns about compliance were addressed by the security measures imposed.

Court Disposition

Permission granted for permanent relocation of the child to Angola, subject to conditions.

Orders

  • Child Arrangements Order: child to live with mother.
  • Leave to mother to relocate child to Angola, conditional on proof of application to Angolan courts and execution of property charge.