I (A Child) (Relocation: Australia), Re
[2024] EWFC 3 (B)
G v H (Relocation to Australia: Immigration Issues)
24 January 2024
[2024] EWFC 230 (B)
Family Court
A mother wanted to move with her autistic son to Australia. The father didn't want her to go. The judge had to decide what was best for the son. The judge thought that staying in the UK was too risky for the mum and son because of money and visa problems. So, the judge said the mum could go to Australia, but made sure the dad could still see his son regularly, even though it's far away.
Key Facts
- •Mother (G) applied for permission to relocate with her child (X), who has autism and additional needs, to Australia.
- •Father (H) opposed the relocation.
- •A fact-finding hearing had previously taken place, resulting in findings about the parents' relationship and behaviors.
- •The mother's financial situation and immigration status in the UK were precarious.
- •An independent social worker's report was deemed largely unreliable by the judge.
- •The child's relationship with both parents was a key consideration.
Legal Principles
The child's welfare is the paramount consideration.
Children Act 1989, section 1(3)
Presumption of parental involvement in the child's life unless contrary is shown.
Children Act 1989, section 1(2)(a)
Broad welfare evaluation in relocation cases, considering various factors including parental motivation, impact of refusal, and impact on the child's relationship with the left-behind parent.
Payne (2001), K and K (2011), Re F [2017] 1 FLR 979, Re C [2017] 1 FLR 1052, V v M [2020] EWHC 448 (Fam)
Proportionality of each proposed option, considering Article 8 rights.
Payne (2001), K and K (2011), Re F [2017] 1 FLR 979, Re C [2017] 1 FLR 1052, V v M [2020] EWHC 448 (Fam)
Outcomes
The mother's application to relocate to Australia was granted.
The judge balanced the significant risks to the child's welfare under both options (remaining in the UK or relocating). The mother's precarious financial and immigration situation in the UK, coupled with the child's specific needs and the potential for improved circumstances in Australia, outweighed concerns about the impact on the child's relationship with the father.
Specific contact arrangements were ordered, including father's visits to Australia and mother's visits to the UK, along with cost allocation.
These arrangements aimed to mitigate the impact of relocation on the child's relationship with his father, recognizing the practical difficulties involved.