F (A Child) (International Relocation Cases)

F (A Child) (International Relocation Cases)

The judge erred by relying almost exclusively on the Payne v Payne discipline and failed to conduct a holistic welfare analysis, including a comparative evaluation of both parents' proposals and a proportionality check required in international relocation cases. This error of substance led to insufficient...

Source-derived case information.

Parties
Appellant: DF; Respondent: N B-F
Jurisdiction
England and Wales
Judgment Date
06 August 2015
Procedural Posture
Family / Appeal
Outcome
appeal allowed
Legal Topics
International Child Relocation, Child Arrangements, Welfare Principle, Parental Responsibility
Family Law Child Law International Child Relocation Child Arrangements Welfare Principle Parental Responsibility

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Parties

DF

Appellant

N B-F

Respondent

Procedural Posture

Family / Appeal

Legal Issues

  1. 1 Whether the judge erred by relying on the Payne v Payne discipline rather than conducting a holistic welfare analysis in an international relocation case
  2. 2 Whether a proportionality evaluation under Article 8 ECHR was required
  3. 3 Whether the child's wishes and feelings were properly considered

Ratio Decidendi

The judge erred by relying almost exclusively on the Payne v Payne discipline and failed to conduct a holistic welfare analysis, including a comparative evaluation of both parents' proposals and a proportionality check required in international relocation cases. This error of substance led to insufficient consideration of the risk of harm from loss of relationship between father and daughter and the child's welfare as a whole.

Court Disposition

appeal allowed

Orders

  • Relocation and child arrangement orders set aside
  • Case remitted for re-hearing before a different judge