Y (Children), Re

Y (Children), Re

The judge was entitled to make a value judgment that the harm to the children from interfering with their relationship with their mother by relocation outweighed the harm from refusing relocation. The judge properly applied the welfare principle, considered all relevant evidence, and did not err in law or fact. The grounds of appeal were based on misapprehensions or remote possibilities not supported by the evidence.

Parties
Applicant/appellant: Appellant Father; Respondent: Respondent Mother
Jurisdiction
England and Wales
Judgment Date
28 August 2014
Procedural Posture
Appeal (children Act Relocation) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Relocation of Children, Leave to Remove From Jurisdiction, Parental Responsibility, Welfare Principle, Article 8 ECHR
Family Law Children Law Relocation of Children Leave to Remove From Jurisdiction Parental Responsibility Welfare Principle Article 8 ECHR

Case Brief

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Parties

Appellant Father

Applicant/appellant

Respondent Mother

Respondent

Procedural Posture

Appeal (children Act Relocation) / Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing leave to remove the children from the jurisdiction
  2. 2 Whether the judge failed to consider the risk of family fragmentation if relocation was refused
  3. 3 Whether the judge failed to consider the best interests and Article 8 rights of a non-subject child

Ratio Decidendi

The judge was entitled to make a value judgment that the harm to the children from interfering with their relationship with their mother by relocation outweighed the harm from refusing relocation. The judge properly applied the welfare principle, considered all relevant evidence, and did not err in law or fact. The grounds of appeal were based on misapprehensions or remote possibilities not supported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; order of the lower court refusing leave to remove the children from the jurisdiction upheld.