Key Facts
- •Applicant mother (P) seeks to relocate with child (I) to Australia.
- •Respondent father (R) opposes the relocation.
- •I is nearly 10 years old and has autism and dyspraxia diagnoses.
- •The parents have a history of domestic abuse and conflict.
- •Both parents are well-paid and financially capable of supporting I.
- •I has expressed a strong wish to live in Australia.
- •R works in Paris and his availability for contact in the UK is uncertain.
Legal Principles
The child's welfare is paramount.
Children Act 1989, s1(3)
Maintaining a relationship with both parents is presumed to be in the child's best interests.
Children Act 1989
Relocation decisions must be subject to a proportionality evaluation.
Outcomes
Permission granted for P to relocate with I to Australia.
Balancing the child's wishes, the mother's well-being, the practicality of relocation, and the potential for maintaining contact with R, the court concludes that relocation is in I's best interests. The court finds that a workable contact schedule can be implemented.
Lives with order in favour of P.
Reflects the primary care role P has with I.
Spending time with order in favour of R.
Specific contact arrangements detailed, including regular video calls and extended visits every 8-10 weeks, to be facilitated through P’s efforts and R’s financial means.