S (Children), Re [2002] EWCA Civ 583 (17 April 2002)

S (Children), Re [2002] EWCA Civ 583 (17 April 2002)

The judge was entitled to find the mother's intentions genuine and her relocation proposal in the children's best interests. The father's proposal was dependent on the mother's continued high earnings, which was not assured. There was no gender discrimination; the decision was based on the facts and welfare of the children. Financial considerations were appropriately addressed as part of the overall welfare assessment.

Citation
[2002] EWCA Civ 583
Parties
Applicant/father: Mr S; Respondent/mother: Mrs S
Jurisdiction
England and Wales
Judgment Date
17 April 2002
Procedural Posture
Family Law Residence Order (children) / Application for Permission to Appeal From First Instance Decision
Outcome
Application for permission to appeal refused
Legal Topics
Residence Orders, Child Welfare, Parental Responsibility, Relocation of Children
Family Law Residence Orders Child Welfare Parental Responsibility Relocation of Children

Case Brief

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Parties

Mr S

Applicant/father

Mrs S

Respondent/mother

Procedural Posture

Family Law Residence Order (children) / Application for Permission to Appeal From First Instance Decision

Legal Issues

  1. 1 Whether the trial judge erred in granting residence of the children to the mother, permitting her relocation to Scotland, rather than to the father in London
  2. 2 Whether the judge's decision was tainted by gender discrimination
  3. 3 Whether financial issues were properly considered in the residence determination

Ratio Decidendi

The judge was entitled to find the mother's intentions genuine and her relocation proposal in the children's best interests. The father's proposal was dependent on the mother's continued high earnings, which was not assured. There was no gender discrimination; the decision was based on the facts and welfare of the children. Financial considerations were appropriately addressed as part of the overall welfare assessment.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused; original residence order in favour of the mother stands