S v S (Relocation)

S v S (Relocation)

The children's welfare is best served by permitting relocation to Switzerland with their father, given their strong and sustained wishes, the breakdown of their relationship with their mother in England, and the expert evidence that a move is likely to improve family dynamics. The father's conduct was reprehensible...

Source-derived case information.

Parties
Applicant: S (Father); Respondent: S (Mother)
Jurisdiction
England and Wales
Judgment Date
14 September 2017
Procedural Posture
Family / Judgment After Final Hearing
Outcome
Application granted with conditions; substantial costs order against father
Legal Topics
Child Relocation, Child Arrangements, Parental Responsibility, Legal Costs
Family Law Child Relocation Child Arrangements Parental Responsibility Legal Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

S (Father)

Applicant

S (Mother)

Respondent

Procedural Posture

Family / Judgment After Final Hearing

Legal Issues

  1. 1 Whether to permit the relocation of two children from England to Switzerland with their father against the mother's wishes
  2. 2 Appropriate child arrangements following relocation
  3. 3 Incidence of legal costs in children proceedings

Ratio Decidendi

The children's welfare is best served by permitting relocation to Switzerland with their father, given their strong and sustained wishes, the breakdown of their relationship with their mother in England, and the expert evidence that a move is likely to improve family dynamics. The father's conduct was reprehensible in certain respects and contributed to the litigation, justifying a substantial costs order against him.

Court Disposition

Application granted with conditions; substantial costs order against father

Orders

  • Permission granted for the children to relocate to Switzerland with the father.
  • Child arrangements order for the children to live with both parents, with terms to be settled.