Mira represented a mother seeking permission to relocate to a different region of England with her two children from a previous marriage, her new partner, and their expected baby. She wanted to move closer to her new job and her support network. The mother shared parental responsibility with the children’s father, who strongly opposed the relocation. He objected to his children being moved to another part of the country, raising concerns about the impact on his relationship with them.
How we helped
Mira made an application to the court to ask for permission for the mother to relocate through a Child Arrangements Order. There was a CAFCASS officer (also known as a Children and Family Court Advisory and Support Service (CAFCASS) officer) report produced by a court welfare officer to advise Court on what would be the best outcome for the children. CAFCASS is an organisation responsible for safeguarding the interests of children involved in court proceedings.
Mira arranged for the mother’s representation at the FHDRA hearing, a Dispute Resolution Appointment (DRA) hearing and at the final hearing.
A FHDRA is a First Hearing Directions appointment is an initial directions hearing. The purpose of the FHDRA is to identify the issues in dispute and try to resolve them as quickly as possible.
A DRA is a Dispute Resolution appointment and is usually scheduled if CAFCASS have been directed to produce a report to assist the court in deciding the issues in dispute. The court will first identify the extent to which the dispute can be narrowed or resolved at the DRA. The court will resolve or try to narrow the issues in dispute by hearing evidence from you and your former partner. If an agreement is reached, the court will make an order reflecting your agreement.
If an agreement cannot be reached the matter is usually set down for final hearing where the judge makes the decision on considering all the evidence.
Mira prepared a detailed witness statement setting out her client’s plans and why it was in the best interests of the children to move with her and her partner. The mother in her statement explained how she would still encourage contact between the children and their father and what those arrangements would look like.
Final Outcome
At a Final Hearing where the children’s father continued to defend the case, the judge allowed the mother to move. The judge put in place clear and detailed arrangements for the children to see their father to avoid future disputes between the parents. The client was very pleased.
Further Advice and Information
Mira is a family lawyer at Branch Austin McCormick. She has over 20 years of experience in advising clients in relation to children disputes arising out of a divorce or breakdown of a relationship. Mira can also advise on relocation to other countries. Please contact Mira on mgp@branchaustinmccormick.com / 07931 770827 for expert advice on how to deal with a proposed relocation or defend a potential move.
We offer free initial consultations to discuss your situation and explain how we can help you.
