M-K (A Child)

M-K (A Child)

The trial judge's refusal of the mother's application to relocate was based on flawed reasoning, including an unfair assessment of her credibility without giving her an opportunity to explain, misinterpretation of evidence regarding her professional prospects and support network, and improper reliance on the CAFCASS officer's evidence. The appellate court found that the judge's exercise of discretion was substantially flawed and that, on the evidence, the application to relocate should be granted in principle, subject to conditions ensuring the father's contact and the child's relationship with her English heritage.

Parties
Subject Child: M-K (A Child); Appellant: Appellant Mother; Respondent: Respondent Father
Jurisdiction
England and Wales
Judgment Date
21 June 2006
Procedural Posture
Family Law Child Relocation / Appeal From Family Division to Court of Appeal
Outcome
Appeal allowed. Application for relocation granted in principle, subject to further evidence and conditions regarding contact and safeguarding the father's relationship with the child.
Legal Topics
Child Relocation, Shared Residence, Parental Responsibility, Contact Orders, Exercise of Judicial Discretion
Family Law Child Relocation Shared Residence Parental Responsibility Contact Orders Exercise of Judicial Discretion

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Parties

M-K (A Child)

Subject Child

Appellant Mother

Appellant

Respondent Father

Respondent

Procedural Posture

Family Law Child Relocation / Appeal From Family Division to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing the mother's application to relocate with the child to Brazil
  2. 2 Whether the judge's assessment of the mother's credibility was fair and justified
  3. 3 Whether the judge properly considered the emotional and practical impact on the mother and child if relocation was refused

Ratio Decidendi

The trial judge's refusal of the mother's application to relocate was based on flawed reasoning, including an unfair assessment of her credibility without giving her an opportunity to explain, misinterpretation of evidence regarding her professional prospects and support network, and improper reliance on the CAFCASS officer's evidence. The appellate court found that the judge's exercise of discretion was substantially flawed and that, on the evidence, the application to relocate should be granted in principle, subject to conditions ensuring the father's contact and the child's relationship with her English heritage.

Court Disposition

Appeal allowed. Application for relocation granted in principle, subject to further evidence and conditions regarding contact and safeguarding the father's relationship with the child.

Orders

  • Permission to appeal granted.
  • Appeal allowed.