FD24P00857 - [2025] EWHC 835 (Fam)

The burden of proof is on the applicant father to demonstrate the removal in April 2024 was wrongful. He must demonstrate this on the balance of probabilities. The burden is on the mother to demonstrate the father consented to a permanent relocation, again to the civil standard. There is clearly an overlap on these issues but the evidence is clear on both and the burden of proof is of marginal relevance having considered all the evidence.