P (Children), Re

P (Children), Re

The judge at first instance misdirected herself by making a central value judgment about the mother's motivation to relocate that was not supported by evidence and was not properly integrated into the welfare analysis, rendering the decision unsafe and requiring the order to be set aside and the application to be reheard.

Parties
Applicant: Applicant Mother; Respondent: Respondent Father
Jurisdiction
England and Wales
Judgment Date
06 June 2014
Procedural Posture
Family Law Child Relocation / Appeal From Manchester County Court; Application for Permission to Appeal and Substantive Appeal
Outcome
Appeal allowed; order of the court below set aside; matter remitted for rehearing by a different judge.
Legal Topics
Child Relocation, Welfare Principle, Parental Responsibility, Contact Arrangements
Family Law Child Law Child Relocation Welfare Principle Parental Responsibility Contact Arrangements

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Parties

Applicant Mother

Applicant

Respondent Father

Respondent

Procedural Posture

Family Law Child Relocation / Appeal From Manchester County Court; Application for Permission to Appeal and Substantive Appeal

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application to relocate with the children to Germany based on findings about her motivation
  2. 2 Whether the judge's value judgment about the mother's motivation was supported by evidence and properly integrated into the welfare analysis

Ratio Decidendi

The judge at first instance misdirected herself by making a central value judgment about the mother's motivation to relocate that was not supported by evidence and was not properly integrated into the welfare analysis, rendering the decision unsafe and requiring the order to be set aside and the application to be reheard.

Court Disposition

Appeal allowed; order of the court below set aside; matter remitted for rehearing by a different judge.

Orders

  • Permission to appeal granted.
  • Appeal allowed.