Re H (International relocation; controlling or coercive behaviour; covert recordings; half-sibling tie)

Court

In Family Court

Practice Areas

International Children Law

Frankie Shama successfully represented the applicant mother in her application to relocate the parties’ child, aged 2, to South Africa in the reported case of Re H (A Boy) [2026] EWFC 43 (B).

Frankie successfully obtained findings that the mother had been subjected to coercive and controlling behaviour, evidenced largely through covert recordings which she had applied to rely upon. The case represents an important decision in which domestic abuse allegations were considered by the Cafcass Section 7 reporter as a ‘swing factor’ within a finely balanced decision as to whether to permit permanent relocation of the parties’ young child. The court found the impact of coercive or controlling behaviour on the mother’s emotional functioning was a centrally relevant welfare factor, and that preventing relocation would embed the mother in an environment shaped by abuse, which would impact her mental health and caregiving capacity.

To read the full judgment click here.