A recent case has highlighted the factors that need to be focused upon when either making an application to relocate with children to another country or if opposing an application for relocation.
In this case the mother sought to relocate with the children back to Florida where she had originally come from in order to be closer to her own parents who were experiencing significant health issues.
The father opposed the plans to move to Miami.
The Court accepted that both parents were loving, child centred, protective and capable parents.
The Court set out factors that needed to be taken into account. The first two questions being:
- Is the application to relocate genuine and not motivated by a desire to exclude the other parent from the child’s life?
- Is the application realistic?
If the answer to those two questions is yes, then the further questions and factors to be considered include:
- Is the opposing parent’s opposition motivated by a genuine concern for the child or driven by some ulterior motive?
- What would be the extent of the detriment to the opposing parent and their future relationship with the child if relocation were permitted?
- To what extent would any detriment to the opposing parent’s relationship with the child be offset by, in this case, the ability of the mother to return to the country of her birth and her maternal family?
- What would be the impact on the mother to refuse her application (having decided that it was both genuine and realistic)?
- What is the outcome of an overriding review of the child’s welfare given their welfare is the paramount consideration?
In this particular case the Court took account of factors including:
- That there were significant question marks over how realistic the mother’s application was given factors including:
- Whether she really did have a readymade network of support in Miami.
- Her financial plans in Miami were of concern.
- There were concerns in relation to the affordability and realistic nature of the mother’s proposals for the father to maintain contact with the child.
The Court considered that the mother’s motivation in making the application was genuine and considered the father’s opposition to the move was motivated by a genuine concern for the children.
When taking account of the practicalities of the mother’s proposals and considering the overriding question of the children’s welfare the Court refused the mother’s application to relocate to Miami.
This case is an important reminder when either making an application for relocation or opposing one to focus on the factors that the Court is going to be most concerned with; namely the parties’ motivations, the realism of the proposals, the effect of granting an application or refusing an application on relationships and the overriding review of the children’s welfare as the paramount consideration.
If you wish to discuss making an application to relocate or opposing one, please contact our Family Law team who will be happy to help.