C, Re [2014] NIFam 1 (28 January 2014)

C, Re [2014] NIFam 1 (28 January 2014)

The welfare of the child is best served by maintaining the status quo, given the child's strong bonds with both parents, his thriving in his current school environment, the potential disruption and reduction in contact with the father and extended family if relocated, and the uncertainty regarding the mother's employment in Dublin. The relatively easy access to Dublin supports the conclusion that the mother's partner should commute rather than the child being relocated.

Citation
[2014] NIFam 1
Parties
Appellant: Mother; Respondent: Father
Jurisdiction
Northern Ireland
Judgment Date
28 January 2014
Procedural Posture
Family Law Appeal / Appeal From Decision of Deputy District Judge and Lay Magistrates
Outcome
Appeal dismissed; leave to relocate refused.
Legal Topics
Child Relocation, Shared Care, Welfare of the Child, Leave to Remove
Family Law Child Relocation Shared Care Welfare of the Child Leave to Remove

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Appeal / Appeal From Decision of Deputy District Judge and Lay Magistrates

Legal Issues

  1. 1 Whether the mother should be granted leave to relocate the child from Northern Ireland to Dublin
  2. 2 Whether the welfare of the child is best served by maintaining the status quo or permitting relocation

Ratio Decidendi

The welfare of the child is best served by maintaining the status quo, given the child's strong bonds with both parents, his thriving in his current school environment, the potential disruption and reduction in contact with the father and extended family if relocated, and the uncertainty regarding the mother's employment in Dublin. The relatively easy access to Dublin supports the conclusion that the mother's partner should commute rather than the child being relocated.

Court Disposition

Appeal dismissed; leave to relocate refused.

Orders

  • The mother's appeal against the refusal of leave to relocate with the child to Dublin is dismissed.
  • The decision of the Deputy District Judge is affirmed.