SS v JDS

SS v JDS

It is in JS's best interests to remain in England, as this maximises his opportunity for a meaningful relationship with both parents, particularly his father, whose mental health is stable and poses no safeguarding risk. The benefits to the mother of relocation, while real, do not outweigh the significant loss to JS of daily or near-daily involvement with his father. The mother's application to relocate is refused, and contact is to progress to unsupervised and overnight, with a view to shared care.

Parties
Applicant: SS; Respondent: JDS
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Children Act Proceedings (private Law) / Final Judgment After Welfare Hearing
Outcome
Mother's application to relocate with JS to Germany refused; contact to progress to unsupervised and overnight, with a view to shared care.
Legal Topics
International Relocation, Child Arrangements, Parental Responsibility, Contact Orders, Welfare Principle
Family Law Child Law International Relocation Child Arrangements Parental Responsibility Contact Orders Welfare Principle

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Parties

SS

Applicant

JDS

Respondent

Procedural Posture

Children Act Proceedings (private Law) / Final Judgment After Welfare Hearing

Legal Issues

  1. 1 Whether to permit the applicant mother to relocate with the child JS to Germany
  2. 2 Whether to permit unsupervised and overnight contact between JS and the respondent father, leading to shared care

Ratio Decidendi

It is in JS's best interests to remain in England, as this maximises his opportunity for a meaningful relationship with both parents, particularly his father, whose mental health is stable and poses no safeguarding risk. The benefits to the mother of relocation, while real, do not outweigh the significant loss to JS of daily or near-daily involvement with his father. The mother's application to relocate is refused, and contact is to progress to unsupervised and overnight, with a view to shared care.

Court Disposition

Mother's application to relocate with JS to Germany refused; contact to progress to unsupervised and overnight, with a view to shared care.

Orders

  • The mother's application to relocate permanently to Germany with JS is refused.
  • The mother shall make JS available for unsupervised contact with the father at dates and times to be agreed and notified to the court before sealing of the order.