C (A Child), Re

C (A Child), Re

The judge's findings that the mother's attitude towards the father would likely lead to the effective disintegration of the child's relationship with her father if relocation were permitted were open to her on the evidence. The judge applied the correct legal principles, gave adequate reasons for departing from the Cafcass officer's recommendation, and considered all relevant factors. There was no arguable ground for appeal.

Parties
Applicant: Applicant mother; Respondent: Respondent father
Jurisdiction
England and Wales
Judgment Date
14 January 2011
Procedural Posture
Family Law Relocation/child Custody / Application for Permission to Appeal (refused)
Outcome
Application for permission to appeal refused
Legal Topics
Child Relocation, Welfare of the Child, Parental Responsibility, Appeals Procedure
Family Law Child Relocation Welfare of the Child Parental Responsibility Appeals Procedure

Case Brief

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Parties

Applicant mother

Applicant

Respondent father

Respondent

Procedural Posture

Family Law Relocation/child Custody / Application for Permission to Appeal (refused)

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application to relocate with the child to Australia
  2. 2 Whether the judge failed to apply the principles in Payne v Payne
  3. 3 Whether the judge failed to consider the effect of refusal on the mother's relationship with the father

Ratio Decidendi

The judge's findings that the mother's attitude towards the father would likely lead to the effective disintegration of the child's relationship with her father if relocation were permitted were open to her on the evidence. The judge applied the correct legal principles, gave adequate reasons for departing from the Cafcass officer's recommendation, and considered all relevant factors. There was no arguable ground for appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused