M-K (A Child) [2006] EWCA Civ 1013 (21 June 2006)

M-K (A Child) [2006] EWCA Civ 1013 (21 June 2006)

The judge's refusal of the mother's application to relocate was flawed due to unfair and unwarranted adverse findings on credibility without giving the mother an opportunity to explain, misinterpretation of evidence regarding her professional prospects and emotional impact, and insufficient consideration of the practical arrangements for contact and the benefits to the child of the mother's professional fulfilment. The appellate court exercised its discretion to grant the application in principle, subject to conditions ensuring continued contact with the father.

Citation
[2006] EWCA Civ 1013
Parties
Appellant Mother: Ms M-K; Respondent Father: Mr K
Jurisdiction
England and Wales
Judgment Date
21 June 2006
Procedural Posture
Family Law Appeal / Appeal From Family Division to Court of Appeal
Outcome
Appeal allowed; application to relocate granted in principle, subject to conditions.
Legal Topics
Child Relocation, Shared Residence Order, Parental Responsibility, Contact Arrangements, Best Interests of the Child
Family Law Child Relocation Shared Residence Order Parental Responsibility Contact Arrangements Best Interests of the Child

Case Brief

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Parties

Ms M-K

Appellant Mother

Mr K

Respondent Father

Procedural Posture

Family Law Appeal / Appeal From Family Division to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application to relocate with the child to Brazil
  2. 2 Whether the judge's assessment of the mother's credibility was fair and justified
  3. 3 Whether the judge properly considered the emotional and practical impact on the mother and child of refusing relocation

Ratio Decidendi

The judge's refusal of the mother's application to relocate was flawed due to unfair and unwarranted adverse findings on credibility without giving the mother an opportunity to explain, misinterpretation of evidence regarding her professional prospects and emotional impact, and insufficient consideration of the practical arrangements for contact and the benefits to the child of the mother's professional fulfilment. The appellate court exercised its discretion to grant the application in principle, subject to conditions ensuring continued contact with the father.

Court Disposition

Appeal allowed; application to relocate granted in principle, subject to conditions.

Orders

  • Each party to file evidence as to their proposals for contact and arrangements to satisfy the court that conditions for relocation are met.
  • Strong orders to be made in both jurisdictions to ensure continued contact between child and father.