A v B

A v B

The Recorder's decision was fatally undermined by a failure to properly evaluate the impact on the mother and child of refusing relocation, insufficient consideration of the mother's promotion of contact, and lack of balance in findings regarding the mother's conduct, rendering the reasoning unsustainable.

Parties
Appellant/mother: A; Respondent/father: B
Jurisdiction
England and Wales
Judgment Date
06 February 2018
Procedural Posture
Family Appeal / Appeal Judgment
Outcome
Appeal allowed; matter remitted for rehearing
Legal Topics
Child Relocation, Shared Care Arrangements, Welfare of the Child, Appeal Procedure
Family Law Child Relocation Shared Care Arrangements Welfare of the Child Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

A

Appellant/mother

B

Respondent/father

Procedural Posture

Family Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Recorder failed to properly evaluate the consequences of refusing the mother's relocation application
  2. 2 Whether sufficient weight was given to the mother's promotion of contact between the child and father
  3. 3 Whether undue prominence was given to the issue of the mother medicalising the child's presentation

Ratio Decidendi

The Recorder's decision was fatally undermined by a failure to properly evaluate the impact on the mother and child of refusing relocation, insufficient consideration of the mother's promotion of contact, and lack of balance in findings regarding the mother's conduct, rendering the reasoning unsustainable.

Court Disposition

Appeal allowed; matter remitted for rehearing

Orders

  • Permission to appeal granted
  • Appeal allowed