B (Children), Re [2004] EWCA Civ 956 (01 July 2004)

B (Children), Re [2004] EWCA Civ 956 (01 July 2004)

The trial judge erred in failing to properly assess and weigh the emotional and psychological impact on the primary carer of refusing relocation, as required by established legal principles. The judge also misapplied the law by criticising the mother for not offering additional contact beyond court orders and by overemphasising her inability to answer a hypothetical question. These errors necessitate a retrial.

Citation
[2004] EWCA Civ 956
Parties
Appellant: CF; Respondent: MB
Jurisdiction
England and Wales
Judgment Date
01 July 2004
Procedural Posture
Family Law Appeal / Appeal From County Court Judgment to Court of Appeal
Outcome
Appeal allowed; retrial ordered
Legal Topics
Child Relocation, Contact Orders, Welfare of the Child, Appeal Procedure
Family Law Child Relocation Contact Orders Welfare of the Child Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

CF

Appellant

MB

Respondent

Procedural Posture

Family Law Appeal / Appeal From County Court Judgment to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing the mother's application to relocate children to Australia
  2. 2 Whether the judge properly assessed the impact of refusal on the primary carer
  3. 3 Whether the judge misapplied principles regarding contact arrangements and the so-called 'lifestyle choice' cases

Ratio Decidendi

The trial judge erred in failing to properly assess and weigh the emotional and psychological impact on the primary carer of refusing relocation, as required by established legal principles. The judge also misapplied the law by criticising the mother for not offering additional contact beyond court orders and by overemphasising her inability to answer a hypothetical question. These errors necessitate a retrial.

Court Disposition

Appeal allowed; retrial ordered

Orders

  • Permission to appeal granted
  • Appeal allowed