AH v DT

AH v DT

The judge at first instance correctly applied the welfare principle, considered all relevant factors, and exercised his discretion appropriately in ordering the return of the child to England and making defined contact arrangements; there was no prospect of appeal succeeding.

Parties
Appellant: AH; Respondent: DT
Jurisdiction
England and Wales
Judgment Date
27 January 2017
Procedural Posture
Child Arrangements Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Internal Relocation, Child Welfare, Contact Orders, Appeal Procedure
Family Law Internal Relocation Child Welfare Contact Orders Appeal Procedure

Case Brief

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Parties

AH

Appellant

DT

Respondent

Procedural Posture

Child Arrangements Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge at first instance failed to make the child's welfare the paramount consideration
  2. 2 Whether the judge gave priority to the father's convenience over the child's best interests
  3. 3 Whether the judge failed to consider the impact of relocation on the mother and child

Ratio Decidendi

The judge at first instance correctly applied the welfare principle, considered all relevant factors, and exercised his discretion appropriately in ordering the return of the child to England and making defined contact arrangements; there was no prospect of appeal succeeding.

Court Disposition

permission to appeal refused

Orders

  • Mother to return E to live in Kent by no later than 4pm on 12 December 2016
  • Mother to make E available for contact with father for one hour on 15th November