Re J (Children: Relocation)

Re J (Children: Relocation)

The judge's decision to grant temporary permission for the children to return to Ukraine was inconsistent with his findings regarding the mother's motivation, trustworthiness, and the risk of non-compliance. The appeal against temporary removal was allowed and the order set aside. The mother's application for permission to appeal the refusal of permanent relocation was refused as the judge's findings on her motivation, candour, and the absence of evidence from S were justified and not susceptible to successful challenge.

Parties
Appellant/respondent: Father; Respondent/applicant: Mother
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Family Law Children (relocation) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Father's appeal allowed; mother's application for permission to appeal refused.
Legal Topics
Child Relocation, Parental Responsibility, Contact Orders, Appeal Procedure
Family Law Child Relocation Parental Responsibility Contact Orders Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Appellant/respondent

Mother

Respondent/applicant

Procedural Posture

Family Law Children (relocation) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the mother should be permitted to relocate permanently with the children to Ukraine
  2. 2 Whether the mother should be permitted to remove the children temporarily to Ukraine pending resolution of a visa issue
  3. 3 Whether the judge erred in his approach to the welfare checklist and burden of proof

Ratio Decidendi

The judge's decision to grant temporary permission for the children to return to Ukraine was inconsistent with his findings regarding the mother's motivation, trustworthiness, and the risk of non-compliance. The appeal against temporary removal was allowed and the order set aside. The mother's application for permission to appeal the refusal of permanent relocation was refused as the judge's findings on her motivation, candour, and the absence of evidence from S were justified and not susceptible to successful challenge.

Court Disposition

Father's appeal allowed; mother's application for permission to appeal refused.

Orders

  • Paragraphs 3 and 6 of the High Court order (granting temporary removal to Ukraine) set aside.
  • Mother's application for permission to appeal the refusal of permanent relocation refused.