ZR v TP
[2023] EWHC 3407 (Fam)
IH v FA
23 July 2024
[2024] EWHC 2432 (Fam)
High Court
A mother wanted to move to Canada with her kids. The dad didn't want her to go because he'd see them less. A judge let the mom go, but the dad appealed. The higher court agreed the dad's concerns were important, but the mom's mental health and lack of support in the UK outweighed them. The mom will have to let the dad see the kids more once they're in Canada.
Key Facts
- •Father appeals an order granting mother's application to relocate to Alberta, Canada with their three children (twins aged 9 and a child aged 6).
- •Father's contact with children had been supervised since November 2021 following allegations of domestic abuse and physical chastisement of children.
- •Judge found in favour of the mother, citing her isolation in the UK, strong family support in Canada, and the father's history of abuse.
- •Father initially denied allegations but later accepted the court's findings.
- •Children have autism; one child has significant communication difficulties.
- •Mother proposed well-thought-out relocation plans, including maintaining contact with the father.
Legal Principles
Relocation cases are amongst the most troubling and important cases in private law proceedings, often finely balanced, considering the impact on both parents and children.
This case
Children's wishes are not determinative, particularly when difficult to ascertain due to communication difficulties.
This case
The court must consider the welfare checklist in relocation cases, weighing factors such as the impact on the child's relationship with the absent parent.
This case
An appeal court will only overturn a lower court's decision if the judge considered an irrelevant matter, failed to consider a relevant matter, erred in law, or reached a plainly wrong conclusion.
This case
Outcomes
The appeal was dismissed.
While the judge should have given more weight to the disruption of the father-child relationship, the decision was within the judge's discretion, considering the mother's isolation, the father's history of abuse, and the mother's proposed plan for maintaining contact.
Mother agreed to remove the supervision requirement by July 1, 2026, provided the father completes a parenting course and contact occurs in England in 2025.
To address concerns about maintaining contact with the father post-relocation and the difficulties of removing supervision from Canada.