A family court has had to decide whether a child should live with her father and attend school in England or live with her mother and attend school in Germany.

As always in these cases, the needs of the child were considered paramount.

When the parents separated a shared residency order was made in respect of their daughter. The father then chose to remain in England while the mother went to live in Germany.

The court decided that the main point to consider was which parent was most likely to promote the child’s relationship with the other parent. It was decided, having taken all the circumstances into account, that if the order was to let the child attend school in England then her father would be more likely to promote her continuing relationship with her mother than would be the case if the situation was reversed and the child went to school in Germany.

It was accepted that this could be the ‘least worst’ option but it was considered the best approach in the circumstances. It was therefore decided that the girl should attend school in England and live with her father.