The court ruled that it would not be beneficial for the child to move away from the father
The 32-year-old woman, who cannot be named, wanted to return with her two-year-old son to her home town of Bromsgrove, Worcestershire, following the breakdown of the marriage.
However, the move was challenged by the child’s 40-year-old father, who is a partner in a law firm, and the Court of Session in Edinburgh has now found in his favour.
While it is common for separated parents to be barred from moving abroad with their children, it is unusual for a court to block a proposed move within the UK.
In her judgment, Lady Wise said there were “no compelling reasons” for the child to be taken south of the Border.
She said: “On the contrary, there is a compelling reason for him to continue to live in the Edinburgh area, namely that it is the only way in which he will continue to maintain and develop a meaningful relationship with both parents now that they are separated.
“If the child stays in the Edinburgh area his care and upbringing can be reasonably shared between the parties.
The judge said there was 'no compelling reason' to move the child to England
What I require is to consider are the advantages and disadvantages
"There is no reason, taking the child’s interests as the paramount consideration, for his relationship with his father to be limited to the times the defender (the father) makes expensive trips down south for short weekends or stays with him once per month in Edinburgh.”
She added that it would be impossible for the father to play an active role in his son’s educational upbringing were the boy to live 300 miles away.
The unemployed mother argued she required the support of family and friends in Bromsgrove to help with the upbringing of her son – and Lady Wise said that desire was “understandable”.
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The child's father is a partner at a law firm
But she said: “What I require to consider are the advantages and disadvantages for [the child] of a move to Bromsgrove.
"There would of course be one significant impact on his life were he to relocate and that is that his relationship with his father would be detrimentally affected.”
Lady Wise also rejected making a residence order in the case – instead urging the parties to “work together” in caring for their son.