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Hi all,
I have successfully completed a long court case (took 2 years) of a child relocation case.
Mother moved my son about 300 miles away from me, and I thought it would be useful to quote case law and other material that was used to successful relocate my child back within 5 miles of me!
It can be done, but is expensive and takes time. You also need a good barrister who understands case law rather than a pure LIP, use the direct access barrister website to find one or private message me for suggestions.
Useful case law used in my case:
Re C (Internal Relocation) [2015] EWCA Civ 1305, [2016] Fam 253
Internal Relocation: Appeal) [2016] EWCA Civ 1016, [2017] 2 FLR 921 (“Re R”)
Re F (International Relocation: Welfare Analysis) [2015] EWCA Civ 882, [2017] 1 FLR 979
The overiding factor in the cases is that the focus must be on what’s best for the child as per welfare checklist.
Thank you for this - this is quite an achievement, and pretty rare, so the help you have given here is really appreciated
I can’t believe I missed this! What a result... well done to you Hubs, a very impressive result!
I’ve put this in our new success stories thread which is pinned at the top of the legal eagle section. It really helps the guys here to see that there is hope, and good outcomes are possible.
Thanks for sharing, all the best.
I got married to an Irish National 5 years ago, and we have 2 toddler kids since, aged 3 and 4 years. I am from India and I met my wife 8 years ago in republic of Ireland/ROI while at work. I am a surgeon and after getting married we moved to the UK so that I could pursue my career as in ROI this isn’t possible for an Indian National. Life has been tough as my career is demanding we have no family support. My wife has struggled with the 2 kids while I am at work, but I do come home, feed them if on time and put them to sleep more often than her to give her a break. It is same over the weekends. Things got better when the kids went to nursery but since COVID my wife has struggled as I needed to work as an essential worker. We have several fights (at least 5 or 6 a year) I think where we both lose our temper and say things that are hurtful. She has punched me on a few occasions and twisted my arm when we had a major fight, but I know this was only in anger as she is so loving otherwise. She planned a trip home with the kids and now informs me I was controlling (I could elaborate the issues) and she spoke to womens aid who recommended she leave me. I must agree, in difficult times, I didn't take heed to her suggesting a marriage counselor. She made a trip in July to ROI for a holiday and time to think about us, called later to say she won't come back with the kids and if I sign the kids away to her, she will make efforts to come to the UK to visit. I refused as that isn't enough and they are OUR children, they need both of us. She then filed a domestic violence case against me and a permanent relocation to Ireland. An interim hearing ruled that she should come back as this is the children's home and she made a unilateral decision to take them on a purpose of a holiday. I have a non molestation order/occupation order against me as I offered to move out of our family home so she could come back. I can't lose my kids as with COVID restrictions I will be unable to see them regularly. Any tips on how to succeed as you did?
Hi
The original poster hasn't been on for a few months - you could try sending him a direct message to see if he responds to that, but otherwise, he has suggested a direct access barrister and quoted case law that may be useful.
Hi
Thanks for that, I have just messaged him
Kind regards
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