Court refuses mother’s application to move child to Spain
It is not unusual for one parent to want to relocate with their child to another country. But any such relocation must be properly thought-out, as a recent case in the Family Court at Leicester demonstrated.
A parent can of course only move their child to another country with the consent of the other parent, or a court order.
In this case the mother sought a Specific Issue Order allowing her to permanently remove her 10-year-old daughter to Spain. She proposed that the child spend time with her father in the school holidays, and on some weekends when she can travel back to the UK, or her father can travel to Spain. She would also seek to bring the child back to the UK to see her father one weekend a month.
The father, on the other hand, wanted the child to remain in the UK with him, seeing her mother when her mother is able to visit the UK, and also having extended time with her during the school holidays.
By the time the mother’s application was finally heard she had been living in Spain for some eleven months, with the child remaining with her father in England. (The mother had tried to make an urgent application before she moved permanently to Spain, but this was refused by the court.)
The mother was living with her new partner in Spain, but they did not have sufficient accommodation for the child to live with them. The mother therefore said that she would find new accommodation, where the child would have her own bedroom. However, she did not provide the court with details of any possible new accommodation.
The mother also said that she would enrol her daughter in a local school, but provided no details of which school, or any confirmation that a school would admit her.
The mother, who works, also said that she would arrange ‘wrap-around care’ (i.e. before- and after-school childcare), but again provided the court with no details.
Further to this, the mother said she would provide language tuition for the child, who speaks no Spanish, but again provided no detail.
And the mother did not provide evidence that she could afford everything that she proposed, including a larger apartment, the purchase of a car to transport the child, wrap-around care, and the cost of frequent trips back to the UK.
Having regard to these and other relevant matters, including in particular that the child, who had lived her whole life here, had friends and ties in the UK, the judge found that it was in her best interests to remain living here with her father. The mother’s application was therefore refused.
You can read the full report of the case here.
* * *
Family Law Cafe gives you the best strategy to achieve the right outcome for you and your family and keeps them informed and in control 24/7 through a unique and secure online portal. Family Law Cafe is your start-point for getting matters sorted with strategy, support and security.
Image: Phawat / Shutterstock.com
