C (Older Children: Relocation), Re (Rev 1)

C (Older Children: Relocation), Re (Rev 1)

The court should not have made or continued any order affecting E, who was over 16, as it was not better for the court to make an order than to make no order. The general intention of the Children Act is to prevent imposition of inappropriate requirements on older children. The recorder's approach to the welfare assessment was correct, and the appeal is allowed only to the extent of discharging orders relating to E and amending the order for J to cease at age 16.

Parties
Appellant: H (Mother); First Respondent: C (Father); Second Respondent: E (A Child, through his solicitor Anne-Marie Hutchinson)
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Family Appeal / Appeal From Central Family Court Decision on Relocation and Child Arrangements
Outcome
Appeal allowed in part; orders relating to E set aside; appeal dismissed in J's case except to vary order to cease at age 16.
Legal Topics
Relocation of Children, Child Arrangements Orders, Children Act 1989, No Order Principle, Welfare Checklist
Family Law Relocation of Children Child Arrangements Orders Children Act 1989 No Order Principle Welfare Checklist

Case Brief

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Parties

H (Mother)

Appellant

C (Father)

First Respondent

E (A Child, through his solicitor Anne-Marie Hutchinson)

Second Respondent

Procedural Posture

Family Appeal / Appeal From Central Family Court Decision on Relocation and Child Arrangements

Legal Issues

  1. 1 Whether the court should make or continue orders regarding children over 16 years old under the Children Act 1989
  2. 2 Whether the recorder gave sufficient weight to the children's wishes and feelings
  3. 3 Whether the recorder properly considered the consequences of refusing the mother's application to relocate

Ratio Decidendi

The court should not have made or continued any order affecting E, who was over 16, as it was not better for the court to make an order than to make no order. The general intention of the Children Act is to prevent imposition of inappropriate requirements on older children. The recorder's approach to the welfare assessment was correct, and the appeal is allowed only to the extent of discharging orders relating to E and amending the order for J to cease at age 16.

Court Disposition

Appeal allowed in part; orders relating to E set aside; appeal dismissed in J's case except to vary order to cease at age 16.

Orders

  • All orders relating to E are set aside.
  • The existing order in J's case will cease to have effect when he reaches age 16.