Mr E v Mrs E [2006] EWCA Civ 843 (27 June 2006)

Mr E v Mrs E [2006] EWCA Civ 843 (27 June 2006)

The judge's orders on residence and ancillary relief were set aside because he failed to conduct a proper analysis of the children's best interests regarding the proposed relocation, did not scrutinise the implications for the children's relationship with their father, and made a financial order that was internally inconsistent, discriminatory, and departed from equality without justification.

Citation
[2006] EWCA Civ 843
Parties
Appellant/respondent: Mr E; Appellant/respondent: Mrs E
Jurisdiction
England and Wales
Judgment Date
27 June 2006
Procedural Posture
Family Law Appeal / Appeal From Chichester County Court Judgment Dated 7 December 2005
Outcome
Appeals allowed; orders set aside; case remitted for rehearing.
Legal Topics
Children's Residence, Ancillary Relief, Shared Residence Orders, Relocation of Parent, Division of Matrimonial Assets
Family Law Children's Residence Ancillary Relief Shared Residence Orders Relocation of Parent Division of Matrimonial Assets

Case Brief

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Parties

Mr E

Appellant/respondent

Mrs E

Appellant/respondent

Procedural Posture

Family Law Appeal / Appeal From Chichester County Court Judgment Dated 7 December 2005

Legal Issues

  1. 1 Whether the judge erred in his approach to the children's residence and the mother's proposed relocation
  2. 2 Whether the financial order was internally inconsistent and discriminatory against Mrs E

Ratio Decidendi

The judge's orders on residence and ancillary relief were set aside because he failed to conduct a proper analysis of the children's best interests regarding the proposed relocation, did not scrutinise the implications for the children's relationship with their father, and made a financial order that was internally inconsistent, discriminatory, and departed from equality without justification.

Court Disposition

Appeals allowed; orders set aside; case remitted for rehearing.

Orders

  • Permission to appeal granted to both parties.
  • Both appeals allowed.