M (A Child)

M (A Child)

The judge failed to carry out the necessary evaluation of the mother's situation and its likely impact on the child, did not balance that evidence against the competing evidence, and did not adequately explain her departure from the Cafcass recommendation. The decision lacked the required reasoning and sophistication for a case of this importance.

Parties
Applicant: Ms [Mother]; Respondent: Mr [Father]
Jurisdiction
England and Wales
Judgment Date
13 December 2017
Procedural Posture
Child Relocation / Family Law / Appeal From High Court Decision
Outcome
Appeal allowed; original order set aside; matter to be reheard if parties cannot agree.
Legal Topics
International Child Relocation, Welfare of the Child, Contact Arrangements, Appeal Procedure
Family Law Child Law International Child Relocation Welfare of the Child Contact Arrangements Appeal Procedure

Case Brief

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Parties

Ms [Mother]

Applicant

Mr [Father]

Respondent

Procedural Posture

Child Relocation / Family Law / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the judge gave proper consideration to both parents' proposals for the child's residence
  2. 2 Whether the judge underestimated the benefit to the child of living in the same country as both parents
  3. 3 Whether the judge gave undue weight to the mother's unhappiness and insufficient reasons for departing from the Cafcass recommendation

Ratio Decidendi

The judge failed to carry out the necessary evaluation of the mother's situation and its likely impact on the child, did not balance that evidence against the competing evidence, and did not adequately explain her departure from the Cafcass recommendation. The decision lacked the required reasoning and sophistication for a case of this importance.

Court Disposition

Appeal allowed; original order set aside; matter to be reheard if parties cannot agree.

Orders

  • Mother's application for relocation to be reheard if no agreement is reached.
  • No order as to costs.