Case Note: Re Simon [2025] EWFC 249
Introduction
The case of Re Simon provides further helpful guidance and a good indication of the planning that should be undertaken by a parent looking to relocate internationally with their child, without the other parent.
Background
This case concerned a 13-year-old boy whose mother had recently obtained employment in Dubai. She desired her son to accompany her on the move, but this was opposed by the boy’s father. Simon’s parents had separated in 2014, when Simon was two years old, but both had played significant parts in his upbringing since then and were fully involved in his life.
Simon lived primarily with his mother, staying with his father on average every third weekend and for half of his holidays. The exact duration of contact was disputed but was not relevant to the overall matter. Simon’s mother was in a new relationship with a man who also worked in Dubai, and Simon’s father had remarried. Simon had three half-siblings on his father’s side, all younger than him.
Simon’s father lived in a separate town from Simon with his new wife and children in a property that he owned. Simon’s mother lived in London in rented accommodation but would co-own property in Dubai should the move be permitted. Simon had visited Dubai several times. The issue before the judge was to decide whether Simon’s mother should be given permission to relocate to Dubai with Simon.
Decision
In making the decision, Judge Willans noted that there were grounded points for both Simon going and staying and appreciated that both parents had Simon’s interests at heart, as well as their own, when putting forward their points.
Ultimately, Judge Willans found for Simon’s mother, allowing him to travel with her to Dubai and reside there. The judge indicated that it was important to be mindful of Simon’s age and his impending independence, given that he is now a teenager, but that his welfare was the primary consideration at the heart of the matter.
Important to the decision was the fact that Simon’s mother had presented a well-thought-out plan for the move — not only for herself, but focusing on Simon’s daily care and quality of life. She had assessed where he would attend school, what visas they would be on, and had provided detailed information about how he would live in Dubai. The judge also considered the benefits Simon would receive from seeing his mother settled and content with her partner and residing in a stable environment, as well as the financial benefits that he would receive by virtue of his mother’s continued stable employment. It was accepted by the judge that Simon’s mother would likely be able to secure alternative employment, but that this might be at a lower income and therefore lead to a reduced standard of living for her and, importantly, her son.
The contact proposals with Simon’s father were also a vital element in Judge Willans’ decision. It was concluded that the plan for the move was not designed to obstruct Simon’s contact with his father, and the judge found that the proposal put forward was both similar to what was already in place, would not materially change, and would practically facilitate continued contact between the boy and his father. The end result was that Simon would see his father at least once a month, which would involve his mother taking him out of school for some time, him travelling to the UK, and his father travelling to Dubai on occasion. This plan was found to be affordable and workable.
Case Implications
This case matters because individuals in Simon’s mother’s situation can take practical guidance on how to best approach proposing a plan to relocate from the UK with a child without the other parent. It demonstrates that a well-reasoned, thorough plan designed to facilitate, rather than obstruct, contact can succeed. The case also reinforces the fact that the child’s interests are at the heart of the decision, but that the parent’s interests are not to be discounted and, if they have a positive effect on the child, they can carry weight.
How We Can Help
If you find yourself in a similar position regarding relocation, it is vital that you have a well-thought-out plan in place. If you’d like to discuss further, please don’t hesitate to contact us. We can assist in ensuring that different angles are covered to give your plan the best chance of success.