Re L [2012] EWHC 3069 (Fam)

Application by Father for residence order; application by Mother for residence order and leave to remove the child permanently from the jurisdiction.

The child had been the subject of Hague Convention proceedings which resulted in an order for the Mother to return the child to the UK from the USA which the Mother ultimately complied with. The Children Act 1989 applications were then heard.

Mr Steven Bellamy QC sitting as a deputy High Court Judge reviewed the existing case law in relation to relocation cases and summarised the law as follows: The child's welfare is paramount. Regard must be had to the statutory checklist in section 1(3) of the Children Act 1989, although different weight will be attached to the checklist matters depending on the circumstances of the case. Regard must also be had to the impact of refusal on the child's welfare, the genuineness of the applicant's motive, whether the proposals for relocation were realistic and the genuineness of the respondent's opposition.

The public judgement can be accessed via http://www.familylawweek.co.uk/site.aspx?i=ed104526