M (A Child) [2017] EWCA Civ 2356 (13 December 2017)

M (A Child) [2017] EWCA Civ 2356 (13 December 2017)

The trial judge failed to conduct a sufficiently sophisticated and balanced welfare analysis of both relocation and status quo options, did not adequately evaluate the mother's unhappiness or its impact on the child, and gave insufficient reasons for departing from the Cafcass officer's recommendation. The judgment lacked the necessary reasoning and comparative evaluation required by law.

Citation
[2017] EWCA Civ 2356
Parties
Advocate for Applicant (father): Ms Catherine Wood QC; Advocate for Respondent (mother): Ms Claire Heppenstall
Jurisdiction
England and Wales
Judgment Date
13 December 2017
Procedural Posture
Appeal (family Law International Relocation) / Court of Appeal Judgment on Appeal From High Court Decision
Outcome
Appeal allowed; original order permitting relocation set aside; matter to be reheard if parties cannot agree.
Legal Topics
International Relocation, Child Arrangements, Welfare of the Child, Appeals Procedure
Family Law Child Law International Relocation Child Arrangements Welfare of the Child Appeals Procedure

Case Brief

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Parties

Ms Catherine Wood QC

Advocate for Applicant (father)

Ms Claire Heppenstall

Advocate for Respondent (mother)

Procedural Posture

Appeal (family Law International Relocation) / Court of Appeal Judgment on Appeal From High Court Decision

Legal Issues

  1. 1 Whether the trial judge gave proper consideration to both relocation and status quo proposals for the child's residence
  2. 2 Whether the judge underestimated the benefit to the child of living in the same country as both parents
  3. 3 Whether the judge gave undue weight to the mother's unhappiness and insufficient reasoning for departing from Cafcass recommendations

Ratio Decidendi

The trial judge failed to conduct a sufficiently sophisticated and balanced welfare analysis of both relocation and status quo options, did not adequately evaluate the mother's unhappiness or its impact on the child, and gave insufficient reasons for departing from the Cafcass officer's recommendation. The judgment lacked the necessary reasoning and comparative evaluation required by law.

Court Disposition

Appeal allowed; original order permitting relocation set aside; matter to be reheard if parties cannot agree.

Orders

  • Mother's application for permission to remove child from jurisdiction to be reheard if no agreement is reached.
  • No order for costs.