S (A Child), Re [2015] EWFC 86 (28 September 2015)

S (A Child), Re [2015] EWFC 86 (28 September 2015)

The paramount consideration is S's welfare. The court found that S has a secure attachment to her mother, who has always been her primary carer, and that a change of primary carer would risk causing S anxiety and instability. The mother's proposal to relocate to Pakistan was genuine and realistic, with adequate family support and educational opportunities for S. The risks identified by the father, including political instability and gender discrimination, were considered but not found to outweigh the benefits of the mother's proposal. The court was satisfied that arrangements could be made to maintain S's relationship with her father, including extended contact in the UK and remote...

Citation
[2015] EWFC 86
Parties
Applicant: SK; Respondent: TKB
Jurisdiction
England and Wales
Judgment Date
28 September 2015
Procedural Posture
Family Law Child Arrangements and Relocation / Final Judgment After Full Hearing
Outcome
Mother's application to remove S to Pakistan granted; father's application for S to live with him refused.
Legal Topics
Child Arrangements Order, Specific Issue Order, Leave to Remove From Jurisdiction, Welfare of the Child, Enforcement of Foreign Orders
Family Law International Child Relocation Child Arrangements Order Specific Issue Order Leave to Remove From Jurisdiction Welfare of the Child Enforcement of Foreign Orders

Case Brief

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Parties

SK

Applicant

TKB

Respondent

Procedural Posture

Family Law Child Arrangements and Relocation / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to permanently remove the child S from the jurisdiction to reside in Pakistan
  2. 2 Whether the father should be granted a child arrangements order for S to live predominantly with him
  3. 3 What arrangements best serve the welfare of the child S

Ratio Decidendi

The paramount consideration is S's welfare. The court found that S has a secure attachment to her mother, who has always been her primary carer, and that a change of primary carer would risk causing S anxiety and instability. The mother's proposal to relocate to Pakistan was genuine and realistic, with adequate family support and educational opportunities for S. The risks identified by the father, including political instability and gender discrimination, were considered but not found to outweigh the benefits of the mother's proposal. The court was satisfied that arrangements could be made to maintain S's relationship with her father, including extended contact in the UK and remote...

Court Disposition

Mother's application to remove S to Pakistan granted; father's application for S to live with him refused.

Orders

  • Permission granted for the mother to remove S permanently from the jurisdiction to reside in Pakistan.
  • Detailed contact arrangements ordered for S to spend extended time with the father in the UK during school holidays and regular remote contact.