B (Children)

B (Children)

The appeal was dismissed because the judge's findings on the oral evidence and the personalities of the parties were clear, and the judge was entitled to conclude that permitting relocation would have a fatal effect on the children's relationship with their father, which outweighed the harm to the mother from refusal.

Parties
Applicant Mother: MS; Respondent Father: Dr Bhaskaran
Jurisdiction
England and Wales
Judgment Date
22 July 2008
Procedural Posture
Family Law Children / Appeal From Bromley County Court; Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal dismissed; permission to appeal granted but substantive appeal refused
Legal Topics
Relocation of Children, Residence Orders, Contact Arrangements, Welfare of Children
Family Law Relocation of Children Residence Orders Contact Arrangements Welfare of Children

Case Brief

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Parties

MS

Applicant Mother

Dr Bhaskaran

Respondent Father

Procedural Posture

Family Law Children / Appeal From Bromley County Court; Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the mother should be granted permission to relocate with the children to Germany
  2. 2 Whether the father's application for a residence order should be granted
  3. 3 Impact of relocation on the children's welfare and relationship with the father

Ratio Decidendi

The appeal was dismissed because the judge's findings on the oral evidence and the personalities of the parties were clear, and the judge was entitled to conclude that permitting relocation would have a fatal effect on the children's relationship with their father, which outweighed the harm to the mother from refusal.

Court Disposition

Appeal dismissed; permission to appeal granted but substantive appeal refused

Orders

  • Application for permission to appeal granted
  • Appeal dismissed