Mr E v Mrs E

Mr E v Mrs E

The trial judge failed to conduct a proper analysis of the mother's relocation proposals and their impact on the children, did not adequately consider the children's welfare, and made a financial order that was internally inconsistent and discriminatory. Both the residence and financial orders were unsustainable and must be set aside for rehearing.

Parties
Appellant/respondent: Mr E; Appellant/respondent: Mrs E
Jurisdiction
England and Wales
Judgment Date
27 June 2006
Procedural Posture
Family Law Appeal / Appeal From Chichester County Court Judgment of 7 December 2005
Outcome
Appeals allowed; orders set aside; matter remitted for rehearing.
Legal Topics
Residence Orders, Ancillary Relief, Children's Welfare, Financial Provision, Appeal Procedure
Family Law Residence Orders Ancillary Relief Children's Welfare Financial Provision Appeal Procedure

Case Brief

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Parties

Mr E

Appellant/respondent

Mrs E

Appellant/respondent

Procedural Posture

Family Law Appeal / Appeal From Chichester County Court Judgment of 7 December 2005

Legal Issues

  1. 1 Whether the trial judge erred in his approach to the children's residence and the mother's proposed relocation
  2. 2 Whether the financial order was internally inconsistent and discriminatory
  3. 3 Whether the orders made were in the best interests of the children

Ratio Decidendi

The trial judge failed to conduct a proper analysis of the mother's relocation proposals and their impact on the children, did not adequately consider the children's welfare, and made a financial order that was internally inconsistent and discriminatory. Both the residence and financial orders were unsustainable and must be set aside for rehearing.

Court Disposition

Appeals allowed; orders set aside; matter remitted for rehearing.

Orders

  • Permission to appeal granted to both parties.
  • Both appeals allowed.