G (children), Re
The trial judge correctly applied the established principles from Payne v Payne, gave adequate consideration to the CAFCASS officer's evidence, and made findings of fact and credibility within his discretion. There was no error of law or misdirection justifying appellate intervention.
- Parties
- Applicant/respondent: Mother; Appellant: Father
- Jurisdiction
- England and Wales
- Judgment Date
- 11 December 2007
- Procedural Posture
- Family Law Children (relocation) / Application for Permission to Appeal (court of Appeal)
- Outcome
- Application for permission to appeal refused
- Legal Topics
- Child Relocation, Joint Residence Orders, Welfare of the Child, Application of Payne V Payne Principles
Case Brief
Summary, issues, holding and outcome
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Parties
Mother
Applicant/respondent
Father
Appellant
Procedural Posture
Family Law Children (relocation) / Application for Permission to Appeal (court of Appeal)
Legal Issues
- 1 Whether the trial judge erred in granting the mother permission to relocate with the children to Germany
- 2 Whether the principles in Payne v Payne remain applicable or have been misapplied
- 3 Whether the trial judge failed to give adequate weight to the CAFCASS officer's evidence
Ratio Decidendi
The trial judge correctly applied the established principles from Payne v Payne, gave adequate consideration to the CAFCASS officer's evidence, and made findings of fact and credibility within his discretion. There was no error of law or misdirection justifying appellate intervention.
Court Disposition
Application for permission to appeal refused
Orders
- Permission to appeal refused; trial judge's orders stand
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