A court has ordered that a 21-month-old boy who was taken to Scotland for what was supposed to be a temporary arrangement should be returned to live with his father.

The case was brought after the child’s mother moved to Scotland with him in July 2023. This was initially agreed by both parents as a short-term stay with the maternal grandparents during building work at their Northamptonshire home. However, the mother later informed the father she intended to remain in Scotland permanently.

The father applied for the child to return to Northamptonshire and live with him. He argued that the mother’s relocation had disrupted his relationship with his son, which had previously involved daily contact. The mother opposed the move, saying she was now settled in Scotland and breastfeeding remained central to the child’s care.

The judge found that the mother had failed to communicate her intentions in good time and had not supported the father’s ongoing relationship with the child. Although the Cafcass Officer had recommended the child remain with the mother, the judge noted this advice did not fully take into account the long-term impact on the father-son relationship if the child stayed in Scotland.

Concerns raised by the mother about the father’s behaviour, including allegations of controlling conduct and a report of sexual assault, were not tested at a fact-finding hearing. The judge observed that while the mother referenced these issues, she had never asked the court to make findings and had continued to rely on the allegations as reasons to limit contact.

The court concluded that the mother had not made meaningful efforts to reduce breastfeeding or to allow overnight contact. She had also interrupted contact sessions and unilaterally changed court-ordered arrangements.

The judge ruled that returning the child to the father was the only way to secure a meaningful relationship between father and son. He found the father’s proposals to be thoughtful and centred on the child’s welfare, including clear plans for continued contact with the mother, whether or not she decided to return to Northamptonshire.

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Source:

Court orders that 21-month-old boy should be returned to live with father
F v M
Family Court at Northampton
His Honour Judge Wicks
15 January 2025
Case No: NN23P00687
Neutral Citation: [2025] EWFC 31 (B)