The High Court has ruled that a young child should be allowed to relocate to the United Kingdom with his mother, finding the move to be in his best interests. The court said the formal order had not yet been made, and relocation was not permitted pending a hearing on its terms.
The judgment, delivered electronically by Mr Justice Jordan on 13 May 2021, followed the mother’s application for permission to move with the child. The father opposed the move and sought custody. The parents were unmarried and had separated. The mother had been the child’s primary carer; the child was thriving and happy, the judge found.
The mother sought to return to the English Midlands, where she said she had close family support and intended to pursue healthcare studies. The judge accepted that she felt isolated in Ireland and that the parties had understood they would return to the UK if life in Ireland did not work out. The court also found her relocation proposal was considered and that the child would not be disadvantaged educationally by living in the UK.
The father raised concerns about the mother’s alcohol use and, in a late affidavit, alleged she had become involved in prostitution. The mother denied engaging in sexual activity for money. The court accepted the substance of her evidence and found the recorded conversation relied on by the father showed her desperation to return to the UK. It found no cogent evidence that the child’s welfare had ever been in danger while in her care.
The judge said the move could affect the frequency and nature of the father’s contact with the child, but that frequent and meaningful contact could be provided for in an enforceable court order. The court found the mother understood the importance of the child’s relationship with his father and paternal relatives. It also found the mother best placed to meet the child’s day-to-day needs and said removing him from her custody would be detrimental to his welfare.
The court ruled that the father should be declared the child’s guardian and that the mother should retain custody, subject to a comprehensive contact order. It directed that the father continue paying €500 a month in child maintenance, declining to increase the existing amount in light of his strained finances. The judge proposed making no order as to costs.
The parties were to be heard on 19 May 2021 about the form of the order, costs and other matters. The judgment expressly stated that the order was not yet made and that relocation was not permitted until after that hearing.