Father wins appeal against order allowing his son to be relocated to Cornwall

A father has successfully appealed a decision that would have allowed his three-year-old son to move to Cornwall, after a High Court judge found the mother’s relocation plan lacked the evidence needed for such a significant change.

Sarah Tweedie, Associate Solicitor in our Family Law team, reports on this recent case.

Recorder Williams overturned the earlier ruling made in March 2025, concluding that the district judge had been wrong to grant permission for the move when the mother had not provided clear or up-to-date information about housing, schooling or practical arrangements in the proposed town.

The mother hoped to relocate with the boy (referred to in court as H), along with her partner, her parents and her grandmother. However, the appeal court found that her case relied on outdated online property searches, limited school information, and a short letter from a consultant about the child’s respiratory issues that did not amount to formal medical evidence. The mother had visited the area only once shortly before the hearing.

Recorder Williams said the lack of evidence placed the original judge “in an impossible situation”. Rather than refusing the application, the judge had attempted to fill the gaps by taking judicial notice of general assumptions – for example about property prices, air quality and levels of deprivation in Cornwall – but some of these assumptions were inaccurate and none were specific to the actual town the mother wished to move to.

The appeal court also found that the welfare assessment was incomplete. While the boy’s relationship with both parents had been discussed, the judgment contained little analysis of the competing options, limited reference to the welfare checklist, and no consideration of the Article 8 rights of the child or either parent.

Recorder Williams concluded that the relocation plan was not sufficiently researched or realistic to allow the court to determine that it would be in H’s best interests. The father’s appeal was therefore allowed on all five grounds.

For more information about the issues raised in this article or any aspect of family law please contact Sarah on 01434 603656 or click here to send her an email.