SS v JDS [2024] EWFC 287 (B) (03 October 2024)

SS v JDS [2024] EWFC 287 (B) (03 October 2024)

The court found that the welfare of JS would be best served by remaining in London, where he can benefit from the involvement of both parents, with the possibility of progressing to unsupervised and overnight contact with the father and ultimately shared care. The risk of harm from the father's mental health was found to be low and manageable, and the benefits of relocation to Germany did not outweigh the significant loss of opportunity for JS to have a meaningful relationship with both parents. The mother's concerns about the father's mental health were not supported by the expert and Cafcass evidence. The application for relocation was refused.

Citation
[2024] EWFC 287 (B)
Parties
Applicant: SS; Respondent: JDS
Jurisdiction
England and Wales
Judgment Date
03 October 2024
Procedural Posture
Private Law Children Proceedings (child Arrangements and Relocation) / Final Judgment After Contested Welfare Hearing
Outcome
Application for relocation refused; child to remain in London; progression to unsupervised and overnight contact for the father ordered.
Legal Topics
International Relocation, Child Arrangements, Parental Responsibility, Welfare of the Child, Contact Orders
Family Law Child Law International Relocation Child Arrangements Parental Responsibility Welfare of the Child Contact Orders

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Parties

SS

Applicant

JDS

Respondent

Procedural Posture

Private Law Children Proceedings (child Arrangements and Relocation) / Final Judgment After Contested Welfare Hearing

Legal Issues

  1. 1 Whether the applicant mother should be permitted to relocate to Germany with the child JS
  2. 2 Whether the respondent father should have unsupervised and overnight contact with JS, progressing to shared care

Ratio Decidendi

The court found that the welfare of JS would be best served by remaining in London, where he can benefit from the involvement of both parents, with the possibility of progressing to unsupervised and overnight contact with the father and ultimately shared care. The risk of harm from the father's mental health was found to be low and manageable, and the benefits of relocation to Germany did not outweigh the significant loss of opportunity for JS to have a meaningful relationship with both parents. The mother's concerns about the father's mental health were not supported by the expert and Cafcass evidence. The application for relocation was refused.

Court Disposition

Application for relocation refused; child to remain in London; progression to unsupervised and overnight contact for the father ordered.

Orders

  • Refusal of permission for the mother to remove JS from the jurisdiction to Germany.
  • Child arrangements order for JS to live with the mother in London.