VB & LB (Children), Re [2022] EWFC 60 (24 June 2022)

VB & LB (Children), Re [2022] EWFC 60 (24 June 2022)

The welfare of the children is the court’s paramount consideration. Both relocation and refusal would significantly impact the children and both parents’ mental health. The court found both parents to be suffering from severe depression, with the mother’s condition likely to deteriorate further if relocation was refused, affecting her ability to parent and provide. The children are resilient and would thrive in either country, but the risk to their welfare from the mother’s declining mental health if forced to remain in the UK outweighed the disruption of relocation. The mother’s proposals for maintaining contact with the father were found to be genuine and workable. On balance, the...

Citation
[2022] EWFC 60
Parties
Applicant: TR; Respondent: JM
Jurisdiction
England and Wales
Judgment Date
24 June 2022
Procedural Posture
Children Act 1989 Relocation Application / Final Judgment After Contested Hearing
Outcome
Application granted
Legal Topics
International Relocation, Child Welfare, Parental Responsibility, Contact Arrangements
Family Law Child Law International Relocation Child Welfare Parental Responsibility Contact Arrangements

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Parties

TR

Applicant

JM

Respondent

Procedural Posture

Children Act 1989 Relocation Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate with the children from the UK to the USA
  2. 2 What arrangements best serve the welfare of the children under the Children Act 1989

Ratio Decidendi

The welfare of the children is the court’s paramount consideration. Both relocation and refusal would significantly impact the children and both parents’ mental health. The court found both parents to be suffering from severe depression, with the mother’s condition likely to deteriorate further if relocation was refused, affecting her ability to parent and provide. The children are resilient and would thrive in either country, but the risk to their welfare from the mother’s declining mental health if forced to remain in the UK outweighed the disruption of relocation. The mother’s proposals for maintaining contact with the father were found to be genuine and workable. On balance, the...

Court Disposition

Application granted

Orders

  • Permission granted for the mother to relocate with the children to the USA
  • Arrangements for contact between the children and the father to be implemented as proposed, including extended holiday contact and regular visits