In the matter of YY [2011] JRC 200A (11 October 2011)

In the matter of YY [2011] JRC 200A (11 October 2011)

The court found the mother's relocation proposals to be genuine, well-researched, and not motivated by a desire to restrict the father's access. The welfare of YY would be best served by permitting the move, provided the mother abides by undertakings to promote the father's relationship and facilitate contact. The shared residence order was made by consent to emphasise parental equality. The court imposed conditions including registration of the order in England, daily Skype contact, and a review hearing to monitor compliance.

Citation
[2011] JRC 200A
Parties
Petitioner/mother: A; Respondent/father: B
Jurisdiction
Jersey
Judgment Date
11 October 2011
Procedural Posture
Child Relocation and Residence Application / Final Judgment After Contested Hearing
Outcome
Application for permanent relocation granted; shared residence order made by consent; contact arrangements ordered.
Legal Topics
Child Relocation, Shared Residence Orders, Welfare of the Child, Contact Arrangements, Leave to Remove Jurisdiction
Family Law Child Law Child Relocation Shared Residence Orders Welfare of the Child Contact Arrangements Leave to Remove Jurisdiction

Case Brief

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Parties

A

Petitioner/mother

B

Respondent/father

Procedural Posture

Child Relocation and Residence Application / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the mother should be granted leave to permanently relocate with the child (YY) to England
  2. 2 Whether a shared residence order should be made by consent
  3. 3 What contact arrangements are in the best interests of the child post-relocation

Ratio Decidendi

The court found the mother's relocation proposals to be genuine, well-researched, and not motivated by a desire to restrict the father's access. The welfare of YY would be best served by permitting the move, provided the mother abides by undertakings to promote the father's relationship and facilitate contact. The shared residence order was made by consent to emphasise parental equality. The court imposed conditions including registration of the order in England, daily Skype contact, and a review hearing to monitor compliance.

Court Disposition

Application for permanent relocation granted; shared residence order made by consent; contact arrangements ordered.

Orders

  • Mother granted leave to permanently remove YY from Jersey to England, conditional on registering the order in England within one month.
  • Shared residence order made by consent.