SL v RG [2012] NIFam 1 (2 February 2012)

SL v RG [2012] NIFam 1 (2 February 2012)

The detriment to the welfare of the children resulting from the inevitable diminution in their relationship with their father if they moved to Dublin exceeds the detriment they might suffer from their mother's sadness at not being allowed to relocate. The welfare of the children is paramount, and maintaining their close relationship with both parents, especially the father, is in their best interests.

Citation
[2012] NIFam 1
Parties
Appellant: SL; Respondent: RG
Jurisdiction
Northern Ireland
Judgment Date
02 February 2012
Procedural Posture
Family Law Appeal / Appeal From Orders of Her Honour Judge Loughran
Outcome
Appeal dismissed; application to relocate refused.
Legal Topics
Child Relocation, Contact Arrangements, Joint Residence, Welfare of the Child
Family Law Child Relocation Contact Arrangements Joint Residence Welfare of the Child

Case Brief

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Parties

SL

Appellant

RG

Respondent

Procedural Posture

Family Law Appeal / Appeal From Orders of Her Honour Judge Loughran

Legal Issues

  1. 1 Whether the mother should be permitted to permanently remove the children from Northern Ireland to the Republic of Ireland
  2. 2 Appropriate contact arrangements for the father

Ratio Decidendi

The detriment to the welfare of the children resulting from the inevitable diminution in their relationship with their father if they moved to Dublin exceeds the detriment they might suffer from their mother's sadness at not being allowed to relocate. The welfare of the children is paramount, and maintaining their close relationship with both parents, especially the father, is in their best interests.

Court Disposition

Appeal dismissed; application to relocate refused.

Orders

  • Mother's application to permanently remove the children to the Republic of Ireland is refused.
  • Arrangements for future contact to be agreed between the parties or determined by the court if necessary.