F & H (Children)

F & H (Children)

The judge exercised her discretion properly, considering all relevant factors including the welfare of the children, the mother's reasonable plans, and the support of the CAFCASS officer. There was no misdirection or error in principle, and the appeal court should not interfere with the judge's decision.

Parties
Appellant's Advocate: Miss Fiona Hay; Respondent's Advocate: Mr Piers Pressdee; Applicant/mother: Mother (unnamed); Respondent/father: Father (unnamed)
Jurisdiction
England and Wales
Judgment Date
07 June 2007
Procedural Posture
Family Law Relocation of Children / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Leave to Remove, Welfare of the Child, Parental Responsibility, Contact Arrangements
Family Law Child Relocation Leave to Remove Welfare of the Child Parental Responsibility Contact Arrangements

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Parties

Miss Fiona Hay

Appellant's Advocate

Mr Piers Pressdee

Respondent's Advocate

Mother (unnamed)

Applicant/mother

Father (unnamed)

Respondent/father

Procedural Posture

Family Law Relocation of Children / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge was right to grant permission to the mother to relocate with the children to Texas
  2. 2 Adequacy of the mother's practical proposals for relocation
  3. 3 Impact of refusal on the mother's wellbeing and the children

Ratio Decidendi

The judge exercised her discretion properly, considering all relevant factors including the welfare of the children, the mother's reasonable plans, and the support of the CAFCASS officer. There was no misdirection or error in principle, and the appeal court should not interfere with the judge's decision.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed