H v F (Relocation)
2014
FAMILY DIVISION
United Kingdom
CORAM
- THE HONOURABLE MR JUSTICE PETER JACKSON
Areas of Law
- Family Law
2014
FAMILY DIVISION
United Kingdom
CORAM
AI Generated Summary
The case focuses on determining the long-term living arrangements for a seven-month-old girl, A, involving her New Zealander mother and British father. The court's paramount consideration is A's welfare, assessing her emotional and physical needs, and potential risks of harm. The final decision is that A will live with her mother in New Zealand, taking into account the greater support system available, and the father's potential ability to relocate.
JUDGMENT
JUDGMENT: H v F (Relocation)
Mr Justice Peter Jackson:
These proceedings concern A, a little girl now aged seven months. She is a dual citizen of New Zealand, where she was born, and of the United Kingdom, where she has been for the last five and a half months.
A’s mother, aged 27, is a New Zealander while her father, aged 25, is British. They met in England in November 2012 when the mother (who had arrived in May 2012 on a two year visa) was working here as a waitress. In February 2013, they went travelling together in Europe. This was intended to be for three months but in the following month the mother discovered that she was pregnant and they returned to England in March 2013.
In May 2013, the parents went to settle on the North Island of New Zealand. The father, who is a boatbuilder by trade, obtained a two year working visa. For three months the parents lived with the maternal grandparents before finding their own accommodation, where they remained for the next five months.
The parents' relationship was by this time not happy. They were struggling financially, with the father having lost his job. Each parent attributes problems in the relationship to difficulty in the other’s mental health.
A was born in New Zealand on 4 November 2013. In mid-December, the parents moved in with the mother’s parents and on 27 December, when A was aged just eight weeks, the parents came to England with her, moving in with father’s parents in East Anglia. On arrival, the mother was given a six-month visitor’s visa, which expires later this month.
The parents' relationship as a couple finally ended in February 2014, having lasted no more than 15 months in all. The separation occurred in this way. On 26 February, the father told the mother that he felt their relationship was over. On 27 February, an incident occurred, during which the mother kicked the father when he attempted to remove A from her. The police were called and the mother and A went to stay nearby with the father's aunt.
It was agreed that A would spend time with her father on the following day. However, the father, knowing that the mother was expecting him to return A, refused to send her back. Within a short time both parties had issued applications. After events that I need not detail, these came before me on 7 March. By that stage, the maternal grandmother had travelled to England and had rented accommodation for the mother and herself. I made interim orders whereby A lives with her mot