Y (A Child)

Y (A Child)

The judge exercised her discretion correctly by prioritizing the best interests of the child and was not satisfied that allegations of mistreatment were substantiated. There was no error in principle or material new evidence to justify granting permission to appeal.

Parties
Applicant: Mr Y; Respondent: DRY
Jurisdiction
England and Wales
Judgment Date
05 August 2005
Procedural Posture
Family Law Child Custody/relocation / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Child Relocation, Welfare of the Child, Exercise of Judicial Discretion
Family Law Child Relocation Welfare of the Child Exercise of Judicial Discretion

Case Brief

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Parties

Mr Y

Applicant

DRY

Respondent

Procedural Posture

Family Law Child Custody/relocation / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in exercising discretion to allow the mother to return to the United States with the child
  2. 2 Whether the best interests of the child were properly considered

Ratio Decidendi

The judge exercised her discretion correctly by prioritizing the best interests of the child and was not satisfied that allegations of mistreatment were substantiated. There was no error in principle or material new evidence to justify granting permission to appeal.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal is refused