W (Children)

W (Children)

The judge at first instance properly considered the relevant legal principles and factors, including the welfare of the children, the effect of refusal on the mother, the genuineness of the application, the maintenance of contact, and the wider family ties. The judge's findings and conclusions were open to him on the evidence, and there was no clear error in his discretionary decision to refuse permission to relocate. The appeal court cannot substitute its own view for that of the trial judge absent a clear error.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
28 January 2009
Procedural Posture
Family Law Relocation/child Custody / Appeal From County Court Judgment
Outcome
appeal dismissed
Legal Topics
Child Relocation, Leave to Remove From Jurisdiction, Welfare of the Child, Contact Arrangements
Family Law Child Relocation Leave to Remove From Jurisdiction Welfare of the Child Contact Arrangements

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family Law Relocation/child Custody / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing the mother's application to relocate with the children to New Zealand
  2. 2 Whether the judge gave proper weight to the effect of refusal on the mother and children
  3. 3 Whether the judge properly considered the wishes and feelings of the children

Ratio Decidendi

The judge at first instance properly considered the relevant legal principles and factors, including the welfare of the children, the effect of refusal on the mother, the genuineness of the application, the maintenance of contact, and the wider family ties. The judge's findings and conclusions were open to him on the evidence, and there was no clear error in his discretionary decision to refuse permission to relocate. The appeal court cannot substitute its own view for that of the trial judge absent a clear error.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed