W (Children)

W (Children)

The trial judge's refusal to permit relocation was plainly wrong. He failed to give sufficient weight to the devastating effect on the mother of refusal, did not properly balance the loss of contact with the father against the benefits of relocation, and did not apply the principles in Payne v Payne correctly. The welfare of the children, as the paramount consideration, required that the mother's application to relocate be granted.

Parties
Appellant: The mother; Respondent: The father
Jurisdiction
England and Wales
Judgment Date
30 March 2011
Procedural Posture
Appeal / Judgment on Appeal From Exeter County Court
Outcome
Appeal allowed
Legal Topics
Child Relocation, Contact Orders, Parental Responsibility, Best Interests of the Child, Discretionary Appellate Review
Family Law Child Relocation Contact Orders Parental Responsibility Best Interests of the Child Discretionary Appellate Review

Case Brief

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Parties

The mother

Appellant

The father

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Exeter County Court

Legal Issues

  1. 1 Whether the trial judge erred in refusing the mother's application to relocate to Australia with the children
  2. 2 Whether the judge misapplied the principles in Payne v Payne
  3. 3 Whether the judge's exercise of discretion was plainly wrong

Ratio Decidendi

The trial judge's refusal to permit relocation was plainly wrong. He failed to give sufficient weight to the devastating effect on the mother of refusal, did not properly balance the loss of contact with the father against the benefits of relocation, and did not apply the principles in Payne v Payne correctly. The welfare of the children, as the paramount consideration, required that the mother's application to relocate be granted.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Mother's application to relocate to Australia with the children allowed