MK v CK [2011] EWCA Civ 793 (07 July 2011)

MK v CK [2011] EWCA Civ 793 (07 July 2011)

The judge below failed to properly consider the CAFCASS recommendation, misapplied the legal guidance by relying on Payne v Payne instead of Re Y, and did not balance the father's case or explain her reasoning; as a result, the order granting relocation must be set aside.

Citation
[2011] EWCA Civ 793
Parties
Appellant: MK; Respondent: CK
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Appeal / Judgment on Appeal From High Court, Family Division
Outcome
Appeal allowed; permission to appeal granted; order below set aside.
Legal Topics
Child Relocation, Shared Residence, Leave to Remove From Jurisdiction, Children Act 1989, Welfare Principle
Family Law Child Relocation Shared Residence Leave to Remove From Jurisdiction Children Act 1989 Welfare Principle

Case Brief

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Parties

MK

Appellant

CK

Respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court, Family Division

Legal Issues

  1. 1 Whether the judge erred in granting the mother's application to relocate children to Canada
  2. 2 Proper application of legal principles in shared care relocation cases
  3. 3 Failure to consider CAFCASS recommendation and father's case

Ratio Decidendi

The judge below failed to properly consider the CAFCASS recommendation, misapplied the legal guidance by relying on Payne v Payne instead of Re Y, and did not balance the father's case or explain her reasoning; as a result, the order granting relocation must be set aside.

Court Disposition

Appeal allowed; permission to appeal granted; order below set aside.

Orders

  • Mother's application to relocate to Canada with children refused; case remitted for retrial if mediation fails.
  • Parties urged to consider mediation under Court of Appeal scheme.