N (a minor) Application (Relocation Appeal) [2015] NIFam 12 (28 May 2015)

N (a minor) Application (Relocation Appeal) [2015] NIFam 12 (28 May 2015)

The appeal is dismissed because material changes in circumstances—namely, the father's return to Northern Ireland and the child's changed wishes to remain—mean relocation is no longer in the child's best interests.

Citation
[2015] NIFam 12
Parties
Appellant Mother: Ms S; Respondent Father: Mr P; Child (subject of Application): N
Jurisdiction
Northern Ireland
Judgment Date
28 May 2015
Procedural Posture
Relocation Appeal (family Law) / Appeal From Family Care Centre Decision
Outcome
appeal dismissed
Legal Topics
Child Relocation, Best Interests of the Child, Parental Contact
Family Law Child Relocation Best Interests of the Child Parental Contact

Case Brief

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Parties

Ms S

Appellant Mother

Mr P

Respondent Father

N

Child (subject of Application)

Procedural Posture

Relocation Appeal (family Law) / Appeal From Family Care Centre Decision

Legal Issues

  1. 1 Should leave be granted for the mother to relocate with the child to her homeland?
  2. 2 Are the child's best interests served by relocation or remaining in Northern Ireland?

Ratio Decidendi

The appeal is dismissed because material changes in circumstances—namely, the father's return to Northern Ireland and the child's changed wishes to remain—mean relocation is no longer in the child's best interests.

Court Disposition

appeal dismissed

Orders

  • The child N will remain in Northern Ireland.
  • The mother is encouraged to facilitate holiday contact with N's extended family in her homeland.