Read the full judgment text of FCMC 10128/2017 on BabelCite. This Family Court judgment was delivered on 28 February 2025 before Her Honour Judge Thelma Kwan.
Relocation – Best interests of child – Guardianship – Learning difficulties – Child’s wishes – District Court – Matrimonial Causes – IB (Petitioner) v MCR (Respondent) – Child J has learning difficulties including language processing disorder, mild ADHD and dyslexia – Mother seeks relocation to Zurich for employment and family support – Father seeks relocation to Los Angeles for employment – Court applies welfare checklist and Payne v Payne principles – Child prefers Zurich over Los Angeles – Zurich school environment more suitable for child's learning needs – Court grants mother's relocation application and dismisses father's application – Care and Control granted to mother – Access arrangement set out – Mirror order required in Switzerland – No order on costs.
Legal issues: Genuine motivation of relocation applications · Realistic and well-researched proposals · Weight of child's wishes · Suitability of schools for child's needs
Outcome: M’s application for leave to relocate the J to the Zurich is granted; F’s application for leave to relocate J to LA is dismissed.
Cites 2 cases