A v B [2018] EWHC 328 (Fam) (06 February 2018)

A v B [2018] EWHC 328 (Fam) (06 February 2018)

The Recorder's failure to properly evaluate the impact on the mother and thereby the child of refusing the relocation application, failure to weigh relevant factors supporting the mother's position, and lack of balance in findings regarding the mother's conduct fatally undermined the reasoning and welfare assessment, rendering the decision unsustainable.

Citation
[2018] EWHC 328 (Fam)
Parties
Appellant: A; Respondent: B
Jurisdiction
England and Wales
Judgment Date
06 February 2018
Procedural Posture
Family Law Appeal / Appeal From Order of Recorder Howe Qc, Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed; order set aside; matter remitted for rehearing before a Circuit Judge.
Legal Topics
Child Relocation, Shared Care Arrangements, Welfare of the Child, Appeals Procedure
Family Law Child Relocation Shared Care Arrangements Welfare of the Child Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

A

Appellant

B

Respondent

Procedural Posture

Family Law Appeal / Appeal From Order of Recorder Howe Qc, Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the Recorder failed to properly evaluate the consequences of refusing the mother's relocation application
  2. 2 Whether sufficient weight was given to the mother's promotion of contact with the father
  3. 3 Whether undue prominence was given to the issue of the mother medicalising the child's presentation

Ratio Decidendi

The Recorder's failure to properly evaluate the impact on the mother and thereby the child of refusing the relocation application, failure to weigh relevant factors supporting the mother's position, and lack of balance in findings regarding the mother's conduct fatally undermined the reasoning and welfare assessment, rendering the decision unsustainable.

Court Disposition

Appeal allowed; order set aside; matter remitted for rehearing before a Circuit Judge.

Orders

  • Permission to appeal granted
  • Appeal allowed