Relocation Application (Respondent)

In this case study, we demonstrate how the experienced family law team at Hepburn Delaney Solicitors helped a Father defend an application by the Mother to have the child removed from the jurisdiction of England and Wales and returned to Canada.

Background

The Father and Mother met whilst the Father was stationed in Canada with the British Army. After a brief relationship, the child of the relationship was born (currently aged 3) who initially resided in Canada with the Mother whilst the Father continued to be stationed in numerous locations with the British Army.

Unfortunately, it was determined by the Canadian social services that the Mother was unable to effectively parent the child (and her other children which were born out of other relationships) and initiated the equivalent of care proceedings against the family. After a period of litigation, the child was placed in the care of the Father as a ‘legal guardian’ and was entitled to relocate to live with the Father in the United Kingdom. Following the child being placed in the United Kingdom with the Father, the Mother made an application (approximately 12 months after) to have the child returned to the jurisdiction of Canada citing that the child will have a better quality of life with her instead of the Father.

Proceedings and Solutions

When the Court is faced with applications for leave to remove a child on a permanent basis from the jurisdiction, preparation is integral to ensure success. When faced with this task, the team worked hard with the Father and his barrister to ensure that a comprehensive and detailed ‘counter-relocation’ package was put forward.

“If you are involved in any kind of dispute involving arrangements for a child, including a potential move overseas, our expert family solicitors will be willing to provide you with the relevant advice in a timely manner.”

This package included details of where the child lives, what school he attended, his daily routine and details of how engrained the child had become living the United Kingdom and that the removal out of the jurisdiction would cause further upheaval in the child’s life. All of this information was put into a statement comprising of over 30 pages which provided evidence of every detail mentioned with the assistance of a specialist relocation barrister.

The Results

After the written evidence had been produced by way of statements, the parties were required to attend Court to give evidence in person and face cross-examination from the Judge and respective barristers. The Judge considered both sides of the argument and questioned the parties as to their positions should the relocation go ahead. 

Following a full day hearing, the Father was granted permission to remain in the United Kingdom with the child, subject to a detailed plan for contact between the child and the Mother despite the distance. The Father was welcoming of his decision as it finally provided him with comfort that his child will continue residing with him in the long-term.

If you are involved in any kind of dispute involving arrangements for a child, including a potential move overseas, contact us now for a consultation where our expert family solicitors will be willing to provide you with the relevant advice in a timely manner.