At the beginning of October 2024, a final hearing relating to the international relocation of a child to Poland was heard at the Royal Courts of Justice (DV -v- ZC [2024] EWFC 283 (B)). Sarah Hindle, senior associate, in our Children team, has considered the judgment.
International relocation – the Hearing
This was a final hearing in a dispute between parents of a 7 year old. The child’s mother asked the court to give her permission to relocate to Poland. The child’s father opposed this and asked the court to order that the child should spend time equally with each parent and that the child’s mother should be prevented from removing her from the UK. The father initially made a number of other applications, which were not pursued at this hearing. The parents were also involved in proceedings to resolve financial matters arising from the breakdown of their marriage.
Both parents made allegations of domestic abuse against the other, including violence and controlling behaviour. The father had a conviction for assaulting the mother. The mother, a Polish national, sought permission to move with her daughter to that country, where she said she would be able to provide a better standard of living and would have the benefit of family support. Although the parents had met in Poland, the father was a British national. Both parents were struggling financially in the UK.
The Court reviewed the relevant law, including the “Welfare Checklist” as set out in the Children Act 1989 and previous cases arising from applications to relocate. Having done so, the judge agreed that the child could be taken to live in Poland with her mother for the following reasons:
- The mother would be able to provide the child with a better standard of living and education in Poland.
- She would have the support of family members.
- If relocation was not permitted, there was a real risk that the child would suffer as a consequence of the parents’ financial difficulties in this country.
- The parents would be able to manage arrangements for the father to see the child, although he would inevitably see her less.
How we can help
Our Family team have nationally accredited and rated specialist lawyers and a wealth of experience in helping people – in particular experience in representing applicants, respondents and children who have been the subject of international relocation cases. Please contact us on 01392 210700 or email us at family.exeter@stephens-scown.co.uk.