In the recent case of Re R (A Child – Relocation) [2015] the mother applied to relocate the child to Hong Kong and this application has been refused. The brief facts of this case were that the mother was born and grew up in Hong Kong and attended boarding school in England, returned to Hong Kong and then relocated to England in 1995 due to work. The parents of the child met in 2007 and separated in 2013.
The mother wished to remove the 2 and a half year old child permanently to Hong Kong and said that this was due to the fact she was made redundant in 2013 and the only job offer she had was in Hong Kong. The father opposed the application and applied for a child arrangement order for the child to spend 3 nights each week with him.
The mother’s application was refused and the father’s application was granted for a number of reasons, including:
– The father’s work commitments meant that his ability to visit Hong Kong was limited
– The judge did not accept that the plan to return to Hong Kong was due to the urgency to find work
– The judge was not persuaded that the mother would be unable to find work in England
– The mother’s proposals for contact between the child and the father following relocation were insufficient to make up to the loss in the relationship and the emotional damage it would cause the child.
– The judge did not think mirror orders which could be obtained in Hong Kong they would provide sufficient certainty for the father.
In his judgment, Mr Justice Wood made reference to the fact that the mother had failed to recognise in any real way the value to the child of having his father in his life. Mr Justice Wood was also critical of the fact that for a long time the mother had presented barriers for the father such as insisting for contact to be at her home and insisting that only she should be responsible for the child’s care needs, such as washing, changing and feeding.
There are measures which can be taken to minimise the risk of children being relocated without consent. If you have concerns that this could take place, it is essential to seek legal advice as soon as possible. Consulting our specialist lawyers is a great first step, we can talk you through options, and help you to decide what the right decision for your situation is. Please contact us on 0161 927 3118 for a free 20 minute consultation.