B (Children) [2008] EWCA Civ 1034 (22 July 2008)

B (Children) [2008] EWCA Civ 1034 (22 July 2008)

The appeal was dismissed because the judge's findings on the oral evidence and the personalities of the parties supported the conclusion that permitting relocation would have a fatal effect on the children's relationship with their father, and the mother's attitude posed a risk of alienation. The judge was entitled to rely on the expert evidence and her own assessment of the parties' evidence.

Citation
[2008] EWCA Civ 1034
Parties
Applicant Mother: MS; Respondent Father: Dr Bhaskaran
Jurisdiction
England and Wales
Judgment Date
22 July 2008
Procedural Posture
Family Law Children / Appeal From Bromley County Court Decision on Relocation and Residence Orders
Outcome
Appeal dismissed
Legal Topics
Child Relocation, Residence Orders, Contact Arrangements, Welfare of the Child
Family Law Child Relocation Residence Orders Contact Arrangements Welfare of the Child

Case Brief

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Parties

MS

Applicant Mother

Dr Bhaskaran

Respondent Father

Procedural Posture

Family Law Children / Appeal From Bromley County Court Decision on Relocation and Residence Orders

Legal Issues

  1. 1 Whether the mother should be permitted to relocate with the children to Germany
  2. 2 Whether a residence order should be granted to the father
  3. 3 Impact of relocation on the children's welfare and relationship with the father

Ratio Decidendi

The appeal was dismissed because the judge's findings on the oral evidence and the personalities of the parties supported the conclusion that permitting relocation would have a fatal effect on the children's relationship with their father, and the mother's attitude posed a risk of alienation. The judge was entitled to rely on the expert evidence and her own assessment of the parties' evidence.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed