Final Hearing Report, Permission to Relocate Abroad with a Child

Thinking About Seeking Permission to Relocate Abroad With a Child?

Here we provide a summary of a reported case that Tyrer Roxburgh were the instructed solicitors. It regarded a case where the mother wanted permission to relocate abroad with a child. Tyrer Roxburgh’s Partner and Family Law solicitor Vasoulla Constantinou and Trainee Solicitor Anastasia Chen worked alongside Legal Counsel, Tatiana Rocha, from Fourteen Chambers to achieve this amazing outcome from our client in what was a very complex case.

Most family law cases are private matters and are not reported which ensures the privacy of all involved is protected. However, every so often, when a case has legal significance, the judge can authorise publication of the case subject to the protection of the identity of the family involved.

The full publication of our client’s case can be found in the Case Law National Archives however we provide a summarised version below.

DV  v ZV (2024)

The former couple were in the process of an acrimonious divorce. Both the negotiations over the divorce financial settlement and child arrangements were under intervention by the Court. This summary outlines the decision making process surrounding the Child Arrangements Order involving the couple’s only child who was seven at the time.

The Decision to be Made

The parents met and married in Poland in 2016. The father is English and working in Poland at the time they met and married. The mother is Polish and the child was born in Poland. When the father’s work ended in Poland they all returned to live in England which is where the relationship between the mother and father began to deteriorate.

In relation to the child, the parents wanted very different outcomes.

He wanted a:

1. Child Arrangement Order that stipulated that the child would have a ‘shared life’ with both parents
2. A Prohibited Steps Order in place to prevent the mother from relocating to Poland with the child
3. An Occupation Order to allow him to move back into the family home

She wanted

1. Permission to permanently relocate to Poland with the child.

The Considerations 

This was not an easy case. Whatever the outcome one parent was going to be disappointed.  However, in all cases regarding children, it was the child’s needs that were the main consideration and because the child had a good relationship with both parents weighing up the pros and cons of any outcome was complicated.

Key Factors under Consideration 

• There were allegations of domestic abuse towards each other from both sides but there were no convictions brought against the mother due to lack of evidence.
• The father was arrested for allegations including coercive and controlling behaviour, kidnap and assaults upon the mother but the final conviction was for common assault. This resulted in the father being subjected to a Conditional Discharge for 24 months and a Restraining Order prohibiting him from contacting the mother. He was also under investigation for other more serious charges.
• Both parents were loving, and both had a positive relationship with their child. During the divorce, despite the fractious relationship, the child maintained contact with the father and stayed overnight every second weekend and midweek with him.
• The mother was living in the family home which the father was barred from via Court Orders. Both parents were struggling financially, and the family home was likely to be sold an divided as a result of the financial order hearing (assuming it wasn’t repossessed before proceeding concluded).
• The mother, who was struggling to make ends meet as a single other living in London had a job offer in Poland where, due to the lower cost of living, she could afford to live and send the child a bi-lingual international private school. Poland also offered mother and child a family support network.

The Legal Framework 

The judge reviewed these facts against the Welfare Checklist which considers the following;

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of age and understanding);

(b)  physical, emotional and educational needs;

(c) the likely effect of any change in circumstances;

(d) age, sex, background and any characteristics of his which the court considers relevant;

(e ) any harm suffered or is at risk of suffering;

(f) how capable each parent, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;

(g) the range of powers available to the court under this Act in the proceedings in question.

The judge also had to consider the default position which is that unless the contrary is shown, both parents ought to be involved in the upbringing of a child.

The Judge also considered decisions from relevant case law which provided guidance on further questions to be considered

(a) Is the mother’s application genuine in the sense that it is not motivated by some selfish desire to exclude the father from the child’s life?

(b) Is the mother’s application realistically founded on practical proposals both well researched and investigated?

(c) What would be the impact on the mother, either as the single parent or as a new wife, of a refusal of her realistic proposal?

(d) Is the father’s opposition motivated by genuine concern for the future of the child’s welfare or is it driven by some ulterior motive?

(e) What would be the extent of the detriment to him and his future relationship with the child were the application granted?

(f) To what extent would that detriment be offset by extension of the child’s relationships with the maternal family and homeland?

In considering all these questions consideration also had to be given to the following statement.

The only authentic principle to be applied when determining an application to relocate a child permanently overseas is that the welfare of the child is paramount and overbears all other considerations, however powerful and reasonable they might be.

The Outcome 

The case involved hearing evidence from both parents and social workers involved in the case and a summary of the cross examination is provided in the judge’s report but the final outcome of the case was in favour of the mother.

The judge cited his decision in light of the Welfare Checklist and in summary his findings were as follows.

The ascertainable wishes and feelings of the child concerned (in light of her age and understanding). 

It was cited by the social worker that the child was too young to have her feelings on the matter considered but despite this, the father did discuss the matter of relocation with the child. The judge did not perceive this action as a child centred approach. However, it was noted that the child had had many enjoyable visits to Poland in the past, a fact which was taken into consideration.

The Childs Physical and Mental Needs

It was concluded that the child’s educational needs could be met in England or Poland if the child was provided with a stable environment. It was also cited that the child’s relationship with the father would be detrimentally impacted by the move but there was also evidence from both parents that ‘they could make it work’.

It was also noted that the potential repossession of the family home and as a result, the likely need to change schools in England, would not make a positive contribution to ‘stability’ if the child remained in England.

The likely effect on the child caused by a change in her circumstances.

The likelihood of the repossession of the family home was also considered in relation to this question. A change in circumstances by being made homeless could be of more harm to the child than the change in circumstances by being relocated to Poland.

Any harm which the child has suffered or is at risk of suffering

The child involved in this case was considered resilient and the parents had somehow sheltered the child from the acrimonious relationship. However, the judge did not ignore the common assault charge which, albeit indirectly, was a source of harm to the child because of the wider implications (it ended the relationship and created a relationship of mistrust and bitterness between the parents).

How capable each parent is (and any other person being relevant) to meet the needs of the child. 

The relocation proposed by the mother offered a stable home in a two-bedroom flat, a family support network and a good school in the country where the child was born. In contrast the father, with no current employment, had not properly thought through future arrangements and therefore was not offering the desired stability.

The family legal team at Tyrer Roxburgh were delighted with the outcome of this case. we worked tirelessly with Fourteen Chambers to advise and represent our client to achieve an outcome that offers both mother and child the best chance of future happiness and success. The scenario allows for the child to maintain links with her father but in an environment that is more stable and secure than what was on offer in England.

If you find yourself in a similar situation, please do get in touch with our team of international family solicitors who are well versed in family law cases with an international element.