The recent case of Re Simon [2025] EWFC 249 (31 July 2025) offers a further helpful reminder of the Court’s approach to relocation. In this particular case, the Court was concerned with a 13-year-old boy who is due to turn 14 in January. His parents met in around 2009, began a relationship the following year and separated in 2014. During the time that they were together, both parents lived in London and in around 2016 following the breakup of their relationship, the father met his new wife. The father has three other children from his new relationship and Simon, the child in this case, has a strong relationship with the father’s new wife and his half siblings.
Simon’s mother met her new partner in 2018 and they commenced a relationship in 2019. The mother’s new partner lives and works out of Dubai. Simon has a strong relationship with his mother’s partner. His mother plans to marry her partner.
In 2024, the mother was made redundant and she obtained a one-year contract with a Dubai based company. As a condition of her continued employment, the mother would need to relocate to Dubai by 1 September 2025. In 2024, the mother raised her wish to relocate with both Simon and his father. There were suggestions of mediation and the father opposed the proposal to relocate. The matter required Court proceedings to resolve the issues and was assisted by the input of an Independent Social Worker conducting a thorough assessment and speaking with Simon, his school and family members. In making its decision, the Court emphasised again that Simon’s welfare is the Court’s paramount consideration. In making the decision for permission to relocate, the Judge emphasised that as a foundation point the mother’s plan for Simon’s move, what contact he would have with his father and how relationships would be maintained was well thought through. The plan itself would offer Simon a good quality of daily care and a quality of life.
The Judge found that the mother’s plan was not calculated to obstruct or limit Simon’s relationship with his father. The move will give Simon lifestyle advantages and whilst he acknowledged that there were potential risks by refusing the mother’s application, the Judge did not wish to overstate those risks. If anything, this case reinforces the need for proper preparation when making an application for leave to remove a child from a jurisdiction. These are difficult applications where the outcome is binary. Permission is either given, or it is not.
In this case, the Court was impressed with the mother’s thoughtful and detailed plan. It is important to seek advice early so that you are able to put together a plan that, in the event that you are not able to reach an agreement, will satisfy the Court that your proposals are child focused and have properly and appropriately considered the effect of the move on the child. At Stephens Scown LLP we have specialist solicitors to assist you if you are thinking of moving from the jurisdiction with your child or if you have become aware that your child’s other parent wishes to remove them from the jurisdiction.
If you wish to discuss this further please contact our Family team or call 0345 540 5558.