M & Anor (Children) (Permanent Relocation), Re
[2023] EWFC 145 (B)
MC v FG (Relocation)
19 July 2024
[2024] EWFC 204 (B)
Family Court
A mom wanted to move back to her home country with her kids after a separation from her husband in England. The judge let her go because the kids hadn't been in England long and had strong family ties back home. The dad will still see the kids, but less often.
Key Facts
- •Mother and father, both doctors from Country Y, separated after moving to England in 2023.
- •Mother applied to relocate with their two children back to Country Y.
- •Father opposed the relocation and sought equal time with the children.
- •The children are aged seven and four and a half.
- •The parents' relationship broke down after an incident involving the father's affair.
- •The children had lived in England for 18 months at the time of the hearing.
Legal Principles
The paramount consideration of the court is the welfare of the children.
Children Act 1989, section 1
Any delay in determining a question with respect to the upbringing of a child is likely to prejudice the welfare of that child.
Children Act 1989, section 1(2)
There is a presumption in favour of both parents being involved in a child's life unless proved contrary to the child's welfare.
Children Act 1989, section 1(2A)
Relocation cases must focus on the children's best interests, considering the welfare checklist factors.
Case law (unspecified)
Outcomes
The mother was permitted to relocate to Country Y with the children.
Considering the welfare checklist, the court found that the children's best interests were served by returning to Country Y, where they had strong family ties and a stable environment. The short time spent in England, the lack of deep-rooted connections there, and the ongoing uncertainty surrounding parental living arrangements in England were key factors. While the father would have reduced contact, the court felt the existing strong bond would endure despite the geographical separation.
Child arrangements will be determined in Country Y.
The court provided guidance on holiday arrangements as a starting point for the parents to negotiate further.