F (Children), Re

F (Children), Re

The welfare of the children required refusal of the mother's application to relocate, as the move would precipitate gross upheaval, emotional strain, and harm, especially given the children's strong opposition and roots in Cleveland. The circumstances were exceptional, justifying refusal.

Parties
Appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
27 October 2010
Procedural Posture
Family / Appeal
Outcome
appeal dismissed
Legal Topics
Internal Relocation, Specific Issue Order, Child Welfare, Residence Order, Prohibited Steps Order
Family Law Internal Relocation Specific Issue Order Child Welfare Residence Order Prohibited Steps Order

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Parties

Mother

Appellant

Father

Respondent

Procedural Posture

Family / Appeal

Legal Issues

  1. 1 Whether the mother should be permitted to relocate with the children within the UK to Stronsay
  2. 2 Whether the circumstances are exceptional to justify refusal of relocation
  3. 3 Impact of relocation on children's welfare and contact with father

Ratio Decidendi

The welfare of the children required refusal of the mother's application to relocate, as the move would precipitate gross upheaval, emotional strain, and harm, especially given the children's strong opposition and roots in Cleveland. The circumstances were exceptional, justifying refusal.

Court Disposition

appeal dismissed

Orders

  • Mother's application for specific issue order refused
  • No permission to relocate children to Stronsay