SG v CG

SG v CG

The judge erred by overstating the need for evidence of psychiatric damage, underestimating the likely impact of refusal on the mother and its effect on the children, and by misjudging the realism of the mother's financial and practical plans. The appeal is allowed, permission to relocate is granted in principle, subject to resolution of consequential issues.

Parties
Claimant/respondent: SG; Defendant/appellant: CG (Veronica Gurney)
Jurisdiction
England and Wales
Judgment Date
25 January 2005
Procedural Posture
Family Law Relocation/child Custody / Appeal From Harrogate County Court Decision
Outcome
Appeal allowed; application for leave to remove children from jurisdiction granted in principle, subject to consequential arrangements.
Legal Topics
Leave to Remove Children From Jurisdiction, Contact Orders, Relocation Applications, Impact of Refusal on Primary Carer, Financial Arrangements in Relocation Cases
Family Law Leave to Remove Children From Jurisdiction Contact Orders Relocation Applications Impact of Refusal on Primary Carer Financial Arrangements in Relocation Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

SG

Claimant/respondent

CG (Veronica Gurney)

Defendant/appellant

Procedural Posture

Family Law Relocation/child Custody / Appeal From Harrogate County Court Decision

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application for leave to remove the children from the jurisdiction
  2. 2 Whether the judge applied the correct test in assessing the impact of refusal on the mother
  3. 3 Whether the judge's findings on the mother's motivation and practical plans were justified

Ratio Decidendi

The judge erred by overstating the need for evidence of psychiatric damage, underestimating the likely impact of refusal on the mother and its effect on the children, and by misjudging the realism of the mother's financial and practical plans. The appeal is allowed, permission to relocate is granted in principle, subject to resolution of consequential issues.

Court Disposition

Appeal allowed; application for leave to remove children from jurisdiction granted in principle, subject to consequential arrangements.

Orders

  • Permission to relocate not to be implemented until all consequential issues (contact, schooling, financial arrangements, mirror order) are resolved by agreement or order of Harrogate County Court.
  • All consequential issues remitted to Harrogate County Court unless agreed.