Sophia (A Child) (International Relocation), Re
[2023] EWFC 237 (B)
H & Anor v S & Anor
27 March 2024
[2024] EWHC 730 (Fam)
High Court
Sophia's parents fought in court about where she should live. Her dads wanted to move to another European country, and her mom wanted her to live with her. The judge decided that moving with her dads was best for Sophia, making sure she still saw her mom. The decision was made based on what was best for Sophia and took into account the past and the present.
Key Facts
- •Cross-applications concerning the future living arrangements for 10-year-old Sophia.
- •Applicants: Sophia's birth father (H) and his husband (B), both with parental responsibility.
- •Respondent: Sophia's mother (S).
- •Applicants seek permission to relocate with Sophia to European Country A and a variation of a child arrangements order.
- •Respondent seeks a transfer of residence to her and opposes relocation.
- •Previous proceedings in 2015 resulted in Sophia living with the applicants with supervised contact with her mother.
- •Respondent withdrew from participation in the hearing after the first day.
- •The court considered the respondent's objections to a note of the law provided by the applicants' and child's representatives.
Legal Principles
Child's welfare is the paramount consideration.
Children Act 1989, s1
Welfare checklist (s1(3) Children Act 1989).
Children Act 1989, s1(3)
No Order principle (s1(5) Children Act 1989).
Children Act 1989, s1(5)
Presumption of parental involvement (s1(2A) Children Act 1989).
Children Act 1989, s1(2A)
Legal framework for international relocation cases (Re F, Re C, Payne v Payne).
Re F (International Relocation Cases) [2015] EWCA Civ 882, Re C (Internal Relocation) [2015] EWCA Civ 1305, Payne v Payne [2001] 1 FLR 1052
Court is not bound by Guardian's recommendations.
Re E (Relocation: Removal from Jurisdiction) [2013] 2 FLR 290, Re L (Relocation: Second Appeal) [2018] 2 FLR 608
1996 Hague Convention on international child abduction.
1996 Hague Convention, s3C, Civil Jurisdiction and Judgments Act 1982
Article 6 and Article 8 ECHR rights of all parties.
European Convention on Human Rights, Articles 6 and 8
Outcomes
Mother's application for transfer of residence rejected.
Nine years after the 2015 order, insufficient changed circumstances to justify a move; mother's inability to meet Sophia's emotional needs remains; significant disruption to Sophia's life.
Application to relocate to European Country A granted.
Relocation is in Sophia's best interests; maintains stability and certainty for the family; addresses financial concerns; preserves Sophia's education; maintains contact with mother; interference with respondent's and Sophia's Article 8 rights is proportionate.
Specific arrangements for parental responsibility and contact with mother.
To ensure ongoing contact and minimize conflict, while prioritizing Sophia's welfare and the applicants' ability to manage their family life.