HK v NK (Domestic Abuse)
[2024] EWHC 1987 (Fam)
The welfare of the child is the paramount consideration.
Children Act 1989, s.1(1)
Delay is prejudicial to a child's welfare.
Children Act 1989
There's a presumption that parental involvement furthers a child's welfare.
Children Act 1989
The court must consider the 'Welfare Checklist' (s.1(3) Children Act 1989).
Children Act 1989, s.1(3)
Relocation cases are fact-specific; welfare evaluation is rooted in the facts.
In the Matter of F (A Child)(International Relocation Cases) [2015] EWCA Civ 882
The court must undertake a comparative analysis of competing proposals.
In the Matter of F (A Child)(International Relocation Cases) [2015] EWCA Civ 882
No order should be made unless it confers a positive benefit on the child.
Children Act 1989
The application for permission to remove John to the UAE was refused.
The court found that the potential benefits of the move were outweighed by the significant disruption and loss to John's relationships and current well-being. The court also determined that a time-limited order would create further complexities and uncertainty. The court found that John’s current arrangements were working well, and the proposed move was driven primarily by the parents’ wishes, not John’s needs.