F (Child)

F (Child)

Judge Marston did not err in law by referring to the Payne v Payne guidance; he was entitled to use the 'discipline' as guidance and properly applied the welfare checklist, focusing on the child's best interests. There was no presumption in favour of the mother, and appropriate weight was given to all relevant factors. The appeal was dismissed as there was no error of law or principle, nor any misapplication of the relevant factors or guidance.

Parties
Subject Child: F (Child); Appellant Father: [Father]; Respondent Mother: [Mother]
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Family Law International Relocation (children) / Appeal From Portsmouth County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
International Relocation of Children, Residence Orders, Welfare Principle, Application of Precedent
Family Law Child Law International Relocation of Children Residence Orders Welfare Principle Application of Precedent

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Parties

F (Child)

Subject Child

[Father]

Appellant Father

[Mother]

Respondent Mother

Procedural Posture

Family Law International Relocation (children) / Appeal From Portsmouth County Court to Court of Appeal

Legal Issues

  1. 1 Whether Judge Marston erred in law in applying Payne v Payne when the applicant was not the primary carer
  2. 2 Whether the welfare checklist under section 1(3) Children Act 1989 was properly applied
  3. 3 Whether appropriate weight was given to the child's status quo and the role of the primary carer

Ratio Decidendi

Judge Marston did not err in law by referring to the Payne v Payne guidance; he was entitled to use the 'discipline' as guidance and properly applied the welfare checklist, focusing on the child's best interests. There was no presumption in favour of the mother, and appropriate weight was given to all relevant factors. The appeal was dismissed as there was no error of law or principle, nor any misapplication of the relevant factors or guidance.

Court Disposition

Appeal dismissed

Orders

  • Order of Judge Marston affirmed
  • Child to reside primarily with mother in Spain under shared residence order