For those parents that are in the UK, a separation can turn bitter and the primary carrer can relocate reducing your time with your children

In a recent case Re C (Internal Relocation) [2015] EWCA 1305 the Court of Appeal has provided guidance and reiterated that the primary consideration must be the welfare of the children concerned. The court must carry out a comprehensive analysis of the welfare considerations but there is no requirement on the court to subject its conclusions to a cross-check by considering whether the interference with the parents ECHR rights is justified. The Court of Appeal held that the same principles should be applied to internal relocation as to external relocation and the decision on whether to allow the relocation will hinge on what is in the best interests of the child concerned. In this case the mother wanted to move from London to Cumbria with her 10 year old daughter.

The father objected. The child wanted to move but there was a welfare report which determined that the move would not be in her best interests. The judge accepted that forcing the mother to stay in London would leave her deeply unhappy and would have a corresponding harmful impact on the child.

Forcing the mother to stay would cause immeasurable damage to the parents’ relationship and would make the current arrangements less workable in the future. The court allowed the mother to relocate and emphasised that the relationship between the father and the daughter was sufficiently strong that it would continue even if the time spent together was reduced. The father’s appeal was dismissed.