N (A Child)

N (A Child)

The judge at first instance failed to consider relevant positive factors and overemphasised negative factors in refusing permission for the child’s unaccompanied holiday; the appellate court substituted its discretion, allowing the appeal but deferring permission for unaccompanied travel until summer 2007 when the child would be older.

Parties
Subject: N (A Child); Appellant: Mother; Respondent: Father (Mr S)
Jurisdiction
England and Wales
Judgment Date
08 March 2006
Procedural Posture
Family Law Appeal / Appeal From First Instance Decision
Outcome
Appeal allowed
Legal Topics
Leave to Remove, Child Holidays Abroad, Parental Responsibility
Family Law Child Law Leave to Remove Child Holidays Abroad Parental Responsibility

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Parties

N (A Child)

Subject

Mother

Appellant

Father (Mr S)

Respondent

Procedural Posture

Family Law Appeal / Appeal From First Instance Decision

Legal Issues

  1. 1 Whether the judge erred in refusing permission for the child to travel unaccompanied to Slovakia for a holiday
  2. 2 Whether relevant positive factors were considered in the balancing exercise

Ratio Decidendi

The judge at first instance failed to consider relevant positive factors and overemphasised negative factors in refusing permission for the child’s unaccompanied holiday; the appellate court substituted its discretion, allowing the appeal but deferring permission for unaccompanied travel until summer 2007 when the child would be older.

Court Disposition

Appeal allowed

Orders

  • Permission for unaccompanied holiday to Slovakia granted from summer 2007
  • Mother encouraged to accompany child in 2006 if possible