H (Children), Re
The judge correctly directed himself that the welfare of the children was the only overriding consideration and properly weighed the impact on both parents; there was no misapplication of Payne v Payne, and no reasonable prospect of success on appeal.
- Parties
- Appellant: Mr H; Respondent: Mother
- Jurisdiction
- England and Wales
- Judgment Date
- 17 March 2011
- Procedural Posture
- Family Law Appeal / Application for Permission to Appeal
- Outcome
- application for permission to appeal refused
- Legal Topics
- Child Relocation, Welfare of the Child, Leave to Appeal, Application of Payne V Payne
Case Brief
Summary, issues, holding and outcome
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Parties
Mr H
Appellant
Mother
Respondent
Procedural Posture
Family Law Appeal / Application for Permission to Appeal
Legal Issues
- 1 Whether the judge erred in granting the mother's application to relocate to Canada with the children
- 2 Whether the judge misapplied the principles in Payne v Payne
- 3 Whether the welfare of the children was properly treated as the paramount consideration
Ratio Decidendi
The judge correctly directed himself that the welfare of the children was the only overriding consideration and properly weighed the impact on both parents; there was no misapplication of Payne v Payne, and no reasonable prospect of success on appeal.
Court Disposition
application for permission to appeal refused
Orders
- Permission to appeal refused
Full Case Text
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