The High Court has upheld an order allowing three children to move with their mother from Ireland to the Harrogate area of Yorkshire, despite their father's opposition to the relocation.
Mr Justice Roderick Murphy delivered judgment on 15 May 2009 after hearing an appeal concerning the children, identified as J.B., H.B. and H.B.
The Circuit Family Court had previously appointed the father as joint guardian and granted the parents joint custody, with primary care and control remaining with the mother. It also permitted the children to move to Yorkshire, subject to detailed arrangements for schooling, access and communication.
The father appealed the relocation element. A central concern was the eldest child, who had repeatedly expressed a wish to remain in Ireland because of his school, friends and rugby activities. The High Court met the eldest child as part of its consideration of the case.
Consultant child and adolescent psychiatrist Dr Brian Houlihan had also assessed the family. He described the children as closely connected and found that they had good relationships with both parents. He expressed concerns about the level of preparation for the proposed move and the effect of reducing the children's regular involvement with their father and paternal grandfather.
However, Dr Houlihan also accepted that the mother was a good primary carer and that her emotional security and wellbeing affected the children. She intended to establish a life in Yorkshire with her partner, A.D., whom she hoped to marry.
The High Court held that the welfare of the children was paramount. It found that their interests were best served by keeping all three together with their mother, who had been their primary carer since 2003.
The court therefore confirmed the relocation order. It also endorsed the Circuit Court's access arrangements, while urging the mother and her partner to take account of Dr Houlihan's concerns about preparing the children for the move and preserving their relationship with their father.