Gordana Balać acted on behalf of the Applicant Mother in a contested Children Act 1989 case concerning internal relocation.

The parties had divorced some years ago, and had previously been through Child Arrangements proceedings in 2021. By way of a Prohibited Steps Order – which the Mother instructed was agreed to as a result of coercion – neither party was permitted to relocate outside of a 10-mile radius from the Former Matrimonial Home.

Proceedings commenced in 2024 following the conclusion of the parties’ Financial Remedies proceedings, in which Gordana also acted for the Mother. The Mother sought to discharge the Prohibited Steps Order and internally relocate outside of the London area, and the Father sought a shared care order and opposed Mother’s relocation.

The proceedings resulted in a contested Final Hearing at the Royal Courts of Justice which, due to the Father’s non-attendance at court and his late application to adjourn being successfully resisted by Gordana, continued on the basis of submissions-only.

Gordana made submissions that the existing Prohibited Steps Order was oppressive and amounted to a means of continuing control in circumstances where there were allegations of historic domestic abuse. She highlighted the welfare benefits to the children if the Mother was permitted to relocate, and the clear views of the children that they wished to spend less time with the Father. Gordana set out a clear way forward for the relocation to take place, in a way which preserved the Father’s role in the children’s lives, whilst allowing the children to transition to new schools within a suitable timeframe.

The Prohibited Steps Order was discharged, and Gordana’s client was granted permission to relocate. A Lives With Order was made in favour of the Mother, and Mother’s position on the spending time arrangements was approved by the Court.

Gordana was instructed by Jessica Pinches of Black Antelope Law.