MC v FG (Relocation)
[2024] EWFC 204 (B)
M & Anor (Children) (Permanent Relocation), Re
24 July 2023
[2023] EWFC 145 (B)
Family Court
Mom wants to move to her home country with the kids. Dad doesn't want them to go. The judge said it's best for the kids if Mom moves, but Dad gets extra time with them before they go and regular visits after. It's all about what's best for the children.
Key Facts
- •Mother seeks permission to relocate with children (R and M) to country X.
- •Father opposes relocation.
- •Mother states she will not relocate without permission.
- •Father is awaiting trial for assault and disclosing intimate images of mother.
- •Parties separated in February 2022 following an incident witnessed by children.
- •Mother has limited support network and employment prospects in the UK.
- •Children have existing medical care arrangements in country X.
- •Children are bilingual and have spent significant time in country X.
Legal Principles
Children's welfare is paramount.
Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882
Welfare checklist factors should be considered, with weight varying depending on circumstances.
Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882
Payne v Payne factors are relevant but cannot diminish the centrality of the child's welfare.
Payne v Payne [2001] EWCA Civ 166
Assessment should be holistic, considering positives and negatives of each proposal and proportionality under Article 8 ECHR.
Re F (A Child) (International Relocation Cases) [2015] EWCA Civ 882
Outcomes
Mother granted permission to relocate to country X.
Relocation is in the children's best interests, considering their needs and the significant negative impact on the mother if relocation is refused. The court balances the impact on the father with the benefits for the mother and children.
Relocation delayed for three weeks to allow father extended summer holiday contact.
Balances the mother's need for prompt relocation with the father's request for additional time with the children.
Post-relocation contact includes weekly video calls, three-weekly weekend visits in X, and shared holidays.
Aims to maintain a strong relationship between the children and their father while acknowledging practical considerations.