The District Court refused a father’s application for leave to appeal against a relocation order permitting the mother to move the children to Kelowna, Canada.
The court made the decree nisi absolute, despite unresolved ancillary relief and maintenance issues, after finding the child’s welfare arrangements were the best practicable.
Applying Cap.13 s3 and the guiding factors in Payne, the court found relocation to Shenzhen to be in the child's best interests because father is the established primary carer, the relocation plan is feasible (suitable housing, supportive step‑mother, practical cross‑border access), social work reports recommended approval subject to school place confirmation, and the mother's relationship with the child can be maintained by defined visitation and daily electronic contact; accordingly father retains care and control and relocation is approved with specified conditions.
The court granted partial interim maintenance and litigation funding in a matrimonial case, rejected inflated India expense claims, and ordered costs to the Petitioner.
The court found the mother was the established primary carer, the relocation application was genuine and practicable with adequate housing, schooling and healthcare arrangements, and the social work reports supported the move; the father’s objections were not shown to render relocation incompatible with the children’s welfare. Accordingly the mother was granted care and control and permission to permanently relocate the children to Yunfu, with detailed contact orders for the father and joint guardianship retained.
The court ordered the children’s permanent relocation to Singapore with Father, finding that plan better served their welfare, education, finances, and relationship with both parents.
The Court of Appeal refused to vary its costs order on a renewed leave-to-appeal application and ordered the Applicant to pay the Respondent’s costs, summarily assessed at $518,000.