Mr Justice Keehan sitting in the High Court of Justice Family Division delivered his judgment in the case of B v C [2016] EWHC 1586 (Fam) on 18 March 2016. This case concerned an application by a mother (“B”) to relocate with her child (“A”) out of the jurisdiction to Israel and a competing application by the father (“C”) for a Child Arrangements Order regularising his contact with A.

The father collected A after nursery every Thursday and returned A to nursery on Monday mornings. The father sought a child arrangements order confirming the time he spent with A. The mother sought to relocate to Israel where her father was terminally ill to help her mother care for him and also her fiancé wished to return to Israel. In the alternative, she sought to reduce the father’s contact. The father sought to remain in England and did not wish his contact with A to be reduced. There was ongoing considerable hostility between the parents who since separation had been engaged in continuous court proceedings with orders made at significant financial cost to them both.

The Judge was satisfied that it would be in A’s welfare best interests to grant the mother’s application to relocate with A to live in Israel. The Judge found that both parents loved A and were capable of looking after him. Both parents were connected to Israel and had family there. The mother’s relocation out of the jurisdiction would relieve her of the stress and pressures of the consistently hostile relationship with the father as he would remain in the jurisdiction. The amount of contact between the father and A would be reduced but he would have quality contact during the holidays.

Please see the attached judgement of Mr Justice Keehan.

B v C [2016] EWHC 1586 (Fam)

To discuss this case, please email Louise Halford louise@evolvefamilylaw.co.uk