D (Children), Re

D (Children), Re

Judge Corbett correctly applied the principles in Payne v Payne, considered all relevant factors, and made the welfare of the children the paramount consideration. The judgment was careful, conscientious, and contained no error of law. There was no compelling reason or real prospect of success for an appeal.

Parties
Applicant: BD; Respondent: AID
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Relocation Application (family Law) / Application for Permission to Appeal
Outcome
Permission to appeal refused.
Legal Topics
Child Relocation, Residence Orders, Children Act 1989, Doctrine of Precedent, Appeals Procedure
Family Law Child Relocation Residence Orders Children Act 1989 Doctrine of Precedent Appeals Procedure

Case Brief

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Parties

BD

Applicant

AID

Respondent

Procedural Posture

Relocation Application (family Law) / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in granting permission for the respondent to relocate the children to Slovakia
  2. 2 Whether the judge properly applied the principles in Payne v Payne
  3. 3 Whether refusal to order a psychological assessment was erroneous

Ratio Decidendi

Judge Corbett correctly applied the principles in Payne v Payne, considered all relevant factors, and made the welfare of the children the paramount consideration. The judgment was careful, conscientious, and contained no error of law. There was no compelling reason or real prospect of success for an appeal.

Court Disposition

Permission to appeal refused.

Orders

  • Application for permission to appeal is refused.