The High Court has rejected an appeal by an unmarried father to prevent his ex-partner moving to the UK with her new partner and the unmarried father’s three children.

The appeal was taken against a Circuit Court ruling which allowed the move. However, the ruling had also awarded joint guardianship to the father.

This included joint custody and primary care and control with the mother, with whom the children had been living.

The judge also ordered that the children take up residence with their mother in Yorkshire and made other orders relating to education and maintenance of the children.

Both the father and mother are now in other relationships, the mother with a British resident whom she wishes to marry. There had been a number of court appearances relating to guardianship and custody issues.

In his ruling, Mr Justice Roderick Murphy said: “The court is of a view that the welfare of the children and of their mother, who have constituted a unit since 2003, is of paramount importance.”

The custody was working well and the court should not lightly interfere with a reasonable way of life as selected by the mother.

He said he believed that the welfare of the children was best served by all three remaining with the mother and he affirmed the Circuit Court order permitting the move.

The rights of the father were best regulated by reasonable access and he also affirmed the orders of the Circuit Court relating to contact with their father.