0800 731 5821

Mother allowed to take daughter abroad despite father's objections

A mother has been allowed to take her daughter to live with her in Ireland even though it means the girl will have less contact with her father.

The judge decided that relocation would be in the child’s best interests.

The case involved an Irish couple who were both in their 50s and living the UK. They had been married for a brief period and had a daughter together who is now nine years old.

The couple became estranged and the mother decided to relocate back to Ireland. The father objected because it meant he would have less contact with his daughter.

The court heard that the mother intended to take early retirement from her job at a bank. She would receive a £100,000 lump sum plus an annual pension of £15,000. This would relieve her of financial worries and allow her to concentrate on bringing up her daughter.

The officer from CAFCASS, the agency that protects the interests in children in court proceedings, was in favour of the move.

The judge granted the mother’s application to relocate because it meant she and her daughter would have a better quality of life and their relationship would improve.

That decision has now been upheld by the Court of Appeal. It held that the judge was right to focus on financial matters while taking the child’s welfare fully into account.

Please contact us if you would like more information about the issues raised in this article or any aspect of family law.