In the matter of Aleksander (a child) (Application for International Relocation)
| Jurisdiction | Northern Ireland |
| Judge | Simpson J,Mr Simpson KC sitting as HCJ |
| Judgment Date | 19 December 2022 |
| Neutral Citation | [2022] NIFam 41 |
| Court | Family Division (Northern Ireland) |
| Date | 19 December 2022 |
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Neutral Citation No: [2022] NIFam 41
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: SIM12019
ICOS No: 19/073660
Delivered: 19/12/2022
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
FAMILY DIVISION
___________
IN THE MATTER OF ALEKSANDER (A CHILD) (APPLICATION FOR
INTERNATIONAL RELOCATION)
___________
Suzanne Simpson KC with Patrick Gillen, of counsel (instructed Judith Gibson,
Terence McCourt Solicitors) for the Mother
Noelle McGrenera KC with Melanie Rice, of counsel (instructed by Nicola McWilliams,
Bernard Campbell & Co.) for the Father
Moira Smyth KC with Sinead O’Flaherty, of counsel (instructed by Rosemary Carson) for
the Child
___________
SIMPSON J
Nothing must be published which would identify the child or his family.
Introduction
[1] In order to ensure that nothing in this judgment will identify the child or the
family I have given the child the fictitious name, “Aleksander”, which is not his real
name, nor does his real name begin with ‘A.’ Because the participants are all Polish,
I have used the Polish spelling of the pseudonym. Where I refer to his mother and
father, I will call them “the Mother” and “the Father.” The Mother has now married,
and I will call her husband “the Husband.” Other individuals within the extended
families will be designated appropriately in the same vein. While this may seem
disrespectful to all the participants, it is not intended to be. The sole purpose is to
ensure anonymity of the family, and therefore the child.
[2] This is the hearing of the Mother’s C1 application dated 9 July 2019 pursuant
to Article 8(1) of the Children (Northern Ireland) Order 1995 for a specific issue
order to permit her to relocate to Poland with her son, Aleksander, who is now 6
years 5 months old, and for a residence order in her favour. Relocation cases have
variously been described as “an extremely difficult exercise for any family judge”
and the “hardest of dilemmas” involving, as they do, a binary decision whereby
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either the application fails, or it succeeds; there is no halfway house and one of the
parents — and that parent’s extended family — will inevitably feel that they have
lost and will understandably be utterly distraught at the result.
[3] The Mother and the Father are originally from Poland but were brought to
Northern Ireland by their respective families when they were children. They
attended the same school. A relationship between them began around 2008/2009.
Aleksander was born in 2016. The precise date of the commencement of their
relationship, and the circumstances and date of the ending of the relationship are
disputed, as are many other historical matters.
[4] After the ending of the relationship Aleksander has lived with the Mother,
although the Father has continued to have contact with his son. It is common case
that the Mother is Aleksander’s primary carer.
[5] Subsequently, the Mother began a relationship with her present husband, also
Polish. Again, the precise date of the commencement of that relationship is in
dispute between the Mother and the Father. The Husband lives in Poland and the
Mother has known him, on and off, since childhood. In February 2020 the Mother
had another son — to the Husband — and they were married in August 2020. It
would be her intention to live with the Husband in Poland if the court was to grant
her application.
[6] In November 2019 the Mother returned to Poland with Aleksander, and with
the consent of the Father, for a holiday. Initially, she says, it was her intention to
stay only for a short period, but some issues with her pregnancy, and then Polish
Covid-19 measures intervened. She did not return. Proceedings were commenced
in Poland by the Father with relation to Aleksander. The Mother appealed against
the decision of the District Court, and the Regional Court, dismissing her appeal,
deciding that Aleksander was habitually resident in Northern Ireland. The Mother
returned to Northern Ireland with Aleksander on 1 December 2020.
The Legal Principles
[7] First, I set out the provisions of Article 3 of the Children (Northern Ireland)
Order 1995 (‘the 1995 Order’).
“3.—(1) Where a court determines any question with
respect to—
(a) the upbringing of a child; or
(b) the administration of a child’s property or the
application of any income arising from it,
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