Amelia (A Child: Relocation), Re
[2023] EWFC 242 (B)
Sophia (A Child) (International Relocation), Re
15 August 2023
[2023] EWFC 237 (B)
Family Court
Mom wants to move to her home country in Eastern Europe with her daughter. Dad doesn't want her to go. The judge said moving is best for the daughter because it will be more stable and less stressful than staying where they are now, and made a plan so Dad can still see his daughter regularly.
Key Facts
- •Sophia, a 6-year-old girl, is the subject of an international relocation dispute between her mother (M) and father (F).
- •M seeks permission to relocate with Sophia to Eastern Europe.
- •F opposes the relocation and seeks a child arrangements order for an equal division of time with Sophia.
- •Both parents are represented by counsel.
- •A Cafcass welfare report was prepared but the reporting officer was unwell and unable to give evidence until after the parents' testimony.
- •M is Eastern European, F is Central European; they met in the UK and the family moved between Central Europe and the UK before separating.
- •The current contact arrangements were ordered by the court.
- •M's relocation plan is detailed and well-researched.
Legal Principles
The child's welfare is the paramount consideration.
Children Act 1989, s.1(3)
Any intervention must be necessary and proportionate, respecting the right to private and family life (ECHR).
European Convention on Human Rights
In international relocation cases, a holistic welfare assessment is required, considering various factors including the child's wishes, needs, and the parents' capabilities.
Re F (A Child) (International Relocation), P v P, Re C (Internal Relocation), V v M (Re K), L v F
The court should not resolve disputes about the future division of time before considering relocation.
L v F [2017] EWCA Civ 2121
Guidance from Payne is useful but subordinate to the child's welfare.
Payne
The court can depart from Cafcass recommendations if there are good reasons.
Re P, Re J
Requests for clarification of a draft judgment should be limited to typographical errors, factual mistakes, and material omissions.
Re I [2019] EWCA Civ 898, WM v HM [2017] EWFD 25, FPR2010, PD30A para 4.6
Outcomes
Permission granted for M to relocate to Eastern Europe with Sophia.
Relocation to Eastern Europe is in Sophia's best interests, providing greater stability and reducing her exposure to parental conflict. The detailed plan mitigates potential disruption and the benefits outweigh the risks.
A detailed contact schedule is ordered to ensure regular contact between Sophia and F.
To maintain a strong relationship between Sophia and F despite the relocation, involving shared travel responsibilities and rented accommodation in Eastern Europe for F's visits.
The prohibited steps order is discharged.
Consistent with the granted permission to relocate.