W (Children)

W (Children)

The appeal was allowed because the judge's conclusion that the mother and children could be adequately rehoused in London was unsupported by evidence, and the wishes and feelings of the children were not given sufficient weight. The financial arrangements proposed by the father were inadequate to maintain the standard of living, and the welfare balance favored relocation to Sweden.

Parties
Applicant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
20 May 2008
Procedural Posture
Children Act Application and Ancillary Relief / Appeal From Principal Registry of the Family Division
Outcome
Appeal allowed
Legal Topics
Relocation of Children, Welfare of Children, Ancillary Relief, Contact Arrangements
Family Law Children Law Relocation of Children Welfare of Children Ancillary Relief Contact Arrangements

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Parties

Mother

Applicant

Father

Respondent

Procedural Posture

Children Act Application and Ancillary Relief / Appeal From Principal Registry of the Family Division

Legal Issues

  1. 1 Whether the mother should be permitted to relocate the children to Sweden
  2. 2 Whether the wishes and feelings of the children were adequately considered
  3. 3 Whether financial arrangements for housing and maintenance were sufficient

Ratio Decidendi

The appeal was allowed because the judge's conclusion that the mother and children could be adequately rehoused in London was unsupported by evidence, and the wishes and feelings of the children were not given sufficient weight. The financial arrangements proposed by the father were inadequate to maintain the standard of living, and the welfare balance favored relocation to Sweden.

Court Disposition

Appeal allowed

Orders

  • Permission to relocate the children to Sweden granted
  • Written submissions on implementation and costs invited