S (Children), Re

S (Children), Re

The recorder misdirected himself by treating the case as a mere lifestyle choice and failing to properly apply the principles in Payne v Payne. The findings supported the mother's genuine and practical plans, and the negative case of the father was not substantiated. The refusal of permission was inconsistent with the evidence and findings, and the appeal was allowed with permission to relocate granted, subject to finalising contact arrangements.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
10 November 2004
Procedural Posture
Appeal / Judgment on Appeal From Huddersfield County Court
Outcome
Appeal allowed; permission to relocate granted, implementation deferred until contact order entered; no order as to costs.
Legal Topics
Child Relocation, Contact Orders, Welfare of Children
Family Law Child Relocation Contact Orders Welfare of Children

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Huddersfield County Court

Legal Issues

  1. 1 Whether the recorder erred in refusing the mother's application to relocate with the children to Spain
  2. 2 Whether the recorder misapplied the principles in Payne v Payne regarding relocation
  3. 3 Whether the impact on contact between father and children was properly balanced against the mother's proposals

Ratio Decidendi

The recorder misdirected himself by treating the case as a mere lifestyle choice and failing to properly apply the principles in Payne v Payne. The findings supported the mother's genuine and practical plans, and the negative case of the father was not substantiated. The refusal of permission was inconsistent with the evidence and findings, and the appeal was allowed with permission to relocate granted, subject to finalising contact arrangements.

Court Disposition

Appeal allowed; permission to relocate granted, implementation deferred until contact order entered; no order as to costs.

Orders

  • Permission to relocate to Spain with the children granted to the mother, not to be implemented until contact order is entered by consent or otherwise.
  • No order as to costs.