The High Court has allowed a mother’s appeal and permitted her to relocate with her young daughter from Dublin to the Manchester and Greater Manchester area, where the mother’s family lives. The order sets out regular contact and holiday arrangements for the father.
Mr Justice Jordan delivered judgment on 2 April 2020 after hearing the appeal in February and March. The case concerned the mother’s application to move with the child, referred to as R., to the United Kingdom. The Circuit Court had refused the application in March 2019. The High Court said it had evidence from a clinical psychologist that was not before the Circuit Court, as well as the benefit of the time that had passed since that decision.
The court assessed the application by reference to R.’s welfare and best interests, with no presumption for or against relocation. It found that R. had a strong bond with both parents, but was too young to express a view on the move and was emotionally and psychologically dependent on her mother, who had been her primary carer. The judge also found that both parents could care for R. and cooperate on matters concerning her.
The mother had proposed moving to Manchester, where the court found she would have family support, childcare help and employment opportunities. The judge considered that the mother was unhappy and unlikely to settle in Dublin, and that compelling her to remain there would harm both her and R. The court acknowledged that relocation would make contact more difficult for the father and cause him understandable uncertainty. It was satisfied, on the balance of probabilities, that the mother and her family would support and encourage R.’s relationship with him.
The judgment discussed differing expert recommendations. Dr Anne Byrne-Lynch supported relocation, provided a stable access arrangement could be established. Robert Foley advised that R. remain in Ireland, expressing concern about the effect of distance on her relationship with her father. The judge noted that the evidence showed that the father-daughter relationship had flourished and concluded that a structured regime could preserve it.
The perfected order permits the move anywhere in Manchester or Greater Manchester and requires the mother to provide the father with R.’s address and any change of address. The order was stayed until 2 May 2020 to allow arrangements to be made. It provides for the father to have access in Dublin on the second weekend of each month and in Manchester on the fourth, alongside overnight school-term contact in Manchester during other weeks, holiday periods, and video calls. It also addresses travel, schooling, medical information and communication between the parents.
The High Court allowed the appeal. Its decision concerns relocation and arrangements for R.; the judgment does not determine the pending judicial separation proceedings.