RD v TJ (Relocation - BIIA - Transitional Provisions)

RD v TJ (Relocation - BIIA - Transitional Provisions)

The evidence demonstrates that the mother has genuinely engaged with psychological therapy, the child’s relationship with the father has been reliably maintained, and the welfare of the child is best promoted by permanent relocation to Poland with shared care between both parents. The arrangements previously ordered have worked well and should continue. The child should attend an international school, with costs met by the father. Orders made by the English court will be enforceable in Poland under transitional provisions.

Parties
Applicant: RD; Respondent: TJ
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Family / Final Judgment on Permanent Relocation and Child Arrangements
Outcome
Mother granted leave to permanently remove child to Poland; shared lives with order made; specific issue order for international schooling; orders to be declared enforceable in Poland.
Legal Topics
Child Relocation, Parental Responsibility, Shared Care Orders, Jurisdiction, Enforcement of Foreign Orders
Family Law International Child Law Child Relocation Parental Responsibility Shared Care Orders Jurisdiction Enforcement of Foreign Orders

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Parties

RD

Applicant

TJ

Respondent

Procedural Posture

Family / Final Judgment on Permanent Relocation and Child Arrangements

Legal Issues

  1. 1 Whether preconditions for permanent relocation to Poland have been fulfilled
  2. 2 Whether child arrangements should be altered
  3. 3 Which schooling arrangement is in the child's best interests

Ratio Decidendi

The evidence demonstrates that the mother has genuinely engaged with psychological therapy, the child’s relationship with the father has been reliably maintained, and the welfare of the child is best promoted by permanent relocation to Poland with shared care between both parents. The arrangements previously ordered have worked well and should continue. The child should attend an international school, with costs met by the father. Orders made by the English court will be enforceable in Poland under transitional provisions.

Court Disposition

Mother granted leave to permanently remove child to Poland; shared lives with order made; specific issue order for international schooling; orders to be declared enforceable in Poland.

Orders

  • Mother granted leave to permanently remove child to Poland
  • Child to live with both parents in shared care arrangement (6/8 split)