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Family Section

Re CB (int. relocation domestic abuse: child arrangements) [2017] EWFC 39

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Adjournment of relocation app to allow F to attend parenting class and M to file comprehensive proposals

In brief: Cross-applications dealing with the father’s (‘F’) application to have contact with the child (three times a week) and the mother’s (‘M’) application for permission to remove the child permanently from the jurisdiction to Portugal with indirect contact only. M alleged a history of domestic abuse. F had been convicted of harassing M and a MARAC had considered M remained at high risk of abuse from F. Contact between F and the child had stopped at around the same time. 

The court made a number of findings including that F had been emotionally abusive and coercively controlling during the relationship. M meanwhile had become possessive over the child, had been inflexible in her approach to parenting and had failed to facilitate contact. The move to Portugal had not been well thought out. Although limited, the contact observed between the child and F had been good and loving and F’s application was motivated by a desire to play a full part in the child’s life. A move to Portugal would end the relationship between F and child but F’s anger had to be properly managed else he would pose a risk to the child. 

The case was adjourned for five months, with F being tasked to undertake an appropriate course enabling him to safely parent and M being directed to file more comprehensive proposals for relocation. 

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