B (Children), Re
The trial judge erred in principle by failing to properly assess the emotional and psychological impact on the mother of refusing relocation, and by adopting an unwarranted criticism regarding the absence of offers for additional contact. The only proper disposal is to order a retrial before a judge with specialist experience.
- Parties
- Applicant: CF; Respondent: MB
- Jurisdiction
- England and Wales
- Judgment Date
- 01 July 2004
- Procedural Posture
- Family Law Relocation/contact / Appeal From County Court Decision, Court of Appeal Judgment
- Outcome
- Appeal allowed; retrial ordered
- Legal Topics
- Child Relocation, Contact Orders, Welfare of the Child, International Family Law
Case Brief
Summary, issues, holding and outcome
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Parties
CF
Applicant
MB
Respondent
Procedural Posture
Family Law Relocation/contact / Appeal From County Court Decision, Court of Appeal Judgment
Legal Issues
- 1 Whether the trial judge properly assessed the impact on the primary carer of refusing relocation
- 2 Whether the trial judge erred in his approach to evidence regarding future contact arrangements
- 3 Whether a new category of 'lifestyle choice' relocation cases should be recognised
Ratio Decidendi
The trial judge erred in principle by failing to properly assess the emotional and psychological impact on the mother of refusing relocation, and by adopting an unwarranted criticism regarding the absence of offers for additional contact. The only proper disposal is to order a retrial before a judge with specialist experience.
Court Disposition
Appeal allowed; retrial ordered
Orders
- Permission to appeal granted
- Appeal allowed
Full Case Text
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