F v L

The appeal was allowed because the trial judge made a fundamental procedural error by failing to resolve the issue of the child's main carer before considering relocation, and by failing to consider or make findings on allegations of controlling and coercive behaviour, both of which are essential to a proper welfare assessment.

Parties: Appellant: F; Respondent: L
Jurisdiction: England and Wales
Judgment Date: 09 June 2017
Procedural Posture: Family Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Relocation of Child, Child Arrangements Order, Domestic Abuse, Shared Care, Procedural Irregularity

Family Law Child Law Relocation of Child Child Arrangements Order Domestic Abuse Shared Care Procedural Irregularity

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2

Parties

Appellant

Respondent

Procedural Posture

Family Appeal / Judgment on Appeal

Legal Issues

1 Whether the trial judge erred by failing to resolve the issue of the child's main carer before considering relocation
2 Whether the trial judge erred by failing to consider and make findings on allegations of controlling and coercive behaviour
3 Whether the procedural approach taken was consistent with established law and the welfare of the child

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Case remitted to a different circuit judge for rehearing of child arrangements and any renewed relocation application.
Child D to be separately represented and made a party to the proceedings under FPR 2010, r16.2(1).