W (Children)

W (Children)

The judge's decision to grant the mother permission to remove the children to Ireland was a discretionary one, properly balancing the welfare of the children, the mother's family ties, and the father's contact. The judge sufficiently addressed the practical difficulties of contact and the mother's willingness to facilitate it. There was no error in principle or misperformance of discretion justifying appellate intervention.

Parties
Applicant: Father; Respondent: Mother
Jurisdiction
England and Wales
Judgment Date
02 July 2008
Procedural Posture
Family Law Children / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Child Residence, Leave to Remove From Jurisdiction, Contact Arrangements, Welfare of the Child
Family Law Child Residence Leave to Remove From Jurisdiction Contact Arrangements Welfare of the Child

Case Brief

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Parties

Father

Applicant

Mother

Respondent

Procedural Posture

Family Law Children / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in granting the mother permission to remove the children from the jurisdiction to live in Ireland
  2. 2 Whether the judge failed to properly consider the father's financial constraints and ability to maintain contact
  3. 3 Whether the judge gave insufficient weight to the child's expressed wishes

Ratio Decidendi

The judge's decision to grant the mother permission to remove the children to Ireland was a discretionary one, properly balancing the welfare of the children, the mother's family ties, and the father's contact. The judge sufficiently addressed the practical difficulties of contact and the mother's willingness to facilitate it. There was no error in principle or misperformance of discretion justifying appellate intervention.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • No order as to costs specified