J (children) , Re

J (children) , Re

The trial judge did not err in granting permission for the father to relocate D to Bulgaria. The judge properly considered the evidence, the practical realities, the children's wishes, and the impact of refusal. The judge was entitled to reject the guardian's recommendation for further investigation and to find that the best interests of the children required a prompt and pragmatic solution. There was no error of law or principle justifying appellate intervention.

Parties
Appellant: Mother; Respondent: Father; Respondent: R2 Child; Respondent: Guardian
Jurisdiction
England and Wales
Judgment Date
19 December 2006
Procedural Posture
Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Child Relocation, Residence Orders, Contact With Children, Leave to Remove Jurisdiction
Family Law Child Relocation Residence Orders Contact With Children Leave to Remove Jurisdiction

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Parties

Mother

Appellant

Father

Respondent

R2 Child

Respondent

Guardian

Respondent

Procedural Posture

Family Law Appeal / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in granting permission for the father to relocate the child D to Bulgaria
  2. 2 Whether the judge failed to properly consider the practical arrangements for the children in Bulgaria
  3. 3 Whether the judge erred in rejecting the guardian's and expert's recommendation for further investigation before relocation

Ratio Decidendi

The trial judge did not err in granting permission for the father to relocate D to Bulgaria. The judge properly considered the evidence, the practical realities, the children's wishes, and the impact of refusal. The judge was entitled to reject the guardian's recommendation for further investigation and to find that the best interests of the children required a prompt and pragmatic solution. There was no error of law or principle justifying appellate intervention.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal formally granted
  • Appeal against the order of Coleridge J dismissed