J (Children: Relocation) [2018] EWCA Civ 1372 (08 May 2018)

J (Children: Relocation) [2018] EWCA Civ 1372 (08 May 2018)

The judge's decision to grant temporary removal to Ukraine was inconsistent with his findings about the mother's conduct, risk of non-compliance, and S's influence. The application was made without notice and without proper risk analysis. The refusal of permanent relocation was justified by the mother's lack of candour, questionable motivation, and the absence of evidence from S. The welfare checklist was properly applied and no error of law or approach was shown.

Citation
[2018] EWCA Civ 1372
Parties
Appellant/respondent: Father; Respondent/appellant: Mother
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Family Law Appeal / Court of Appeal Judgment on Appeals From High Court (family Division)
Outcome
Father's appeal allowed; mother's application for permission to appeal refused.
Legal Topics
Relocation of Children, Leave to Remove, Parental Responsibility, Welfare of the Child, Appeals Procedure
Family Law Child Law Relocation of Children Leave to Remove Parental Responsibility Welfare of the Child Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Father

Appellant/respondent

Mother

Respondent/appellant

Procedural Posture

Family Law Appeal / Court of Appeal Judgment on Appeals From High Court (family Division)

Legal Issues

  1. 1 Whether the mother should be permitted to relocate permanently with the children to Ukraine
  2. 2 Whether the mother should be permitted to remove the children temporarily to Ukraine pending visa issues
  3. 3 Whether the trial judge erred in law or approach in refusing or granting such permissions

Ratio Decidendi

The judge's decision to grant temporary removal to Ukraine was inconsistent with his findings about the mother's conduct, risk of non-compliance, and S's influence. The application was made without notice and without proper risk analysis. The refusal of permanent relocation was justified by the mother's lack of candour, questionable motivation, and the absence of evidence from S. The welfare checklist was properly applied and no error of law or approach was shown.

Court Disposition

Father's appeal allowed; mother's application for permission to appeal refused.

Orders

  • Paragraphs 3 and 6 of the High Court order (granting temporary removal to Ukraine) set aside.
  • Mother's application for permission to appeal against refusal of permanent relocation refused.