(Family Division; Theis J; 24 February 2011)
The Australian mother and French father met in US and their first child was born there. Their second child born in UK. Both parents ran and operated successful businesses based in UK but travelled extensively for work. After the breakdown of their relationship they agreed to equal shared care of children. When the father became engaged to woman living in New York, he sought to change the arrangement of equal shared care, to provide for 2 week blocks of time with each parent but agreed to the mother's proposal of 20 days with her and 10 days with the father on a trial basis. That had been in place since September 2009. The mother began a relationship with a man based in Florida and sought leave to remove the two children to Florida. The father opposed this.
The mother's application for leave to remove the children to Florida was refused. There was a shared care arrangement which was working well and the children's contact with their father would be substantially reduced if they moved to Florida. Such a change from the quantity and quality of the shared care arrangement would not be in the children's best interests.