E v L [2015] NIFam 3 (1 April 2015)

E v L [2015] NIFam 3 (1 April 2015)

It is not in S's best interests to have his relationship with his father weakened by moving to the United States; the relationship between S and his father should be given priority over the mother's desire to relocate at this time.

Citation
[2015] NIFam 3
Parties
Appellant: MR E; Respondent: MS L; Official Solicitor: Official Solicitor
Jurisdiction
Northern Ireland
Judgment Date
01 April 2015
Procedural Posture
Family Law Appeal / Appeal by Way of Rehearing From Family Care Centre
Outcome
Appeal allowed; mother's application to remove S from the United Kingdom refused.
Legal Topics
Child Relocation, Parental Responsibility, Best Interests of the Child, Contact Arrangements
Family Law Child Law Child Relocation Parental Responsibility Best Interests of the Child Contact Arrangements

Case Brief

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Parties

MR E

Appellant

MS L

Respondent

Official Solicitor

Official Solicitor

Procedural Posture

Family Law Appeal / Appeal by Way of Rehearing From Family Care Centre

Legal Issues

  1. 1 Whether it is in the child's best interests to relocate to the United States with the mother or remain in Northern Ireland with both parents sharing care

Ratio Decidendi

It is not in S's best interests to have his relationship with his father weakened by moving to the United States; the relationship between S and his father should be given priority over the mother's desire to relocate at this time.

Court Disposition

Appeal allowed; mother's application to remove S from the United Kingdom refused.

Orders

  • Mother's application to relocate with S to the United States is refused.
  • S to remain in Northern Ireland with both parents sharing care.