Re C (Parental alienation: permanent removal to Germany)
[2023] EWHC 1955 (Fam)
ZR v TP
13 December 2023
[2023] EWHC 3407 (Fam)
High Court
A mom wanted to move to Germany with her child. A judge said no. But things changed – the mom is now settled in Germany, and the dad has an alcohol problem. A different judge reviewed the case, allowed the move to Germany, and made sure the dad still sees the child regularly.
Key Facts
- •Mother applied to relocate with her 2.5-year-old child from London to Germany.
- •Recorder Magennis dismissed the application.
- •Mother appealed, arguing the judge's decision was based on misunderstandings.
- •Significant changes occurred since the Recorder's decision: mother and child settled in Germany, mother facing homelessness in England, father provided limited financial support, and ongoing virtual contact established.
- •The judge considered new evidence, including the mother's precarious housing situation and the father's alcohol abuse.
Legal Principles
Relocation cases require a holistic assessment of the child's best interests.
Inherent Jurisdiction of the Family Court
Enforcement of contact orders across international borders (Hague Convention 1996).
1996 Hague Convention on the Civil Aspects of International Child Abduction
Courts must consider all material changes in circumstances since the original decision.
Inherent Jurisdiction of the Family Court
Outcomes
Appeal allowed.
The significant changes in circumstances since the Recorder's judgment, particularly the mother's precarious housing situation and the child's settled life in Germany, warranted a reversal of the relocation order. The judge's previous understanding of the enforceability of contact orders in Germany and the mother's financial situation were incorrect.
Relocation to Germany permitted.
It was in the child's best interests to remain in Germany given the established support network and settled life.
Contact order made.
A contact order was made to ensure the father maintains regular contact, both virtual and in-person (supervised initially), balancing the child's welfare with the father's rights.