Re Z (No 2 Welfare)

Re Z (No 2 Welfare)

Leave to remove Z from the jurisdiction is refused because Z's welfare is best served by maintaining secure relationships with both W and X in England, with effective recourse to the court and access to specialist psychological treatment for X. Risks to Z's relationship with W and lack of enforceability of English orders in North Macedonia outweigh the benefits of relocation. Parental order application is stayed due to lack of Y's consent.

Parties
Applicant: W; 1st Respondent: X; 2nd Respondent: Y; 3rd Respondent: Z (Through his Children Guardian Lillian Odze)
Jurisdiction
England and Wales
Judgment Date
09 December 2021
Procedural Posture
Family / Final Judgment
Outcome
Leave to remove Z from the jurisdiction refused; parental order application stayed.
Legal Topics
Parental Order, Surrogacy, Leave to Remove, Child Arrangements, Same Sex Parenting, Immigration
Family Law Child Welfare International Relocation Parental Order Surrogacy Leave to Remove Child Arrangements Same Sex Parenting +1 more

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Parties

W

Applicant

X

1st Respondent

Y

2nd Respondent

Z (Through his Children Guardian Lillian Odze)

3rd Respondent

Procedural Posture

Family / Final Judgment

Legal Issues

  1. 1 Whether leave should be granted for X to remove Z from the jurisdiction to North Macedonia
  2. 2 Whether a parental order can be made in the absence of Y's consent
  3. 3 Appropriate child arrangements order if relocation is refused

Ratio Decidendi

Leave to remove Z from the jurisdiction is refused because Z's welfare is best served by maintaining secure relationships with both W and X in England, with effective recourse to the court and access to specialist psychological treatment for X. Risks to Z's relationship with W and lack of enforceability of English orders in North Macedonia outweigh the benefits of relocation. Parental order application is stayed due to lack of Y's consent.

Court Disposition

Leave to remove Z from the jurisdiction refused; parental order application stayed.

Orders

  • Z to remain in England with shared care between W and X, handover on Fridays.
  • W to provide financial support for X's accommodation up to £1,300 per month and nursery costs of £1,876 per month until June 2022.