B (Children)

B (Children)

The judge did not err in law or principle; he properly exercised his discretion in a finely balanced case, considering the welfare of the children as paramount, and was entitled to reject the application of Payne v Payne as the factual matrix was different. Both parents were capable carers, and the options before the court were properly limited to relocation with either parent outside England. The appeal is dismissed.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
21 April 2005
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Residence Orders, Leave to Remove Jurisdiction, Welfare of the Child, Relocation of Children, Discretionary Decisions, Appeals in Family Law
Family Law Child Law Residence Orders Leave to Remove Jurisdiction Welfare of the Child Relocation of Children Discretionary Decisions Appeals in Family Law

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the trial judge erred in granting the father a residence order with permission to remove the children to Dubai
  2. 2 Whether the judge failed to consider all relevant options for the children's residence
  3. 3 Whether the judge failed to apply or misapplied the principles in Payne v Payne

Ratio Decidendi

The judge did not err in law or principle; he properly exercised his discretion in a finely balanced case, considering the welfare of the children as paramount, and was entitled to reject the application of Payne v Payne as the factual matrix was different. Both parents were capable carers, and the options before the court were properly limited to relocation with either parent outside England. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed