W v A

W v A

The judge erred in law by applying the principles for permanent removal to a temporary removal application, leading to an incorrect assessment of detriment and undervaluation of the mother's career interests. The appellate court exercised discretion afresh and granted permission for temporary removal.

Parties
Appellant: W; Respondent: A
Jurisdiction
England and Wales
Judgment Date
04 November 2004
Procedural Posture
Civil Appeal / Appeal From First Instance Judgment
Outcome
appeal allowed
Legal Topics
Child Relocation, Residence Orders, Parental Responsibility, Discretionary Judgment, Contact Arrangements
Family Law Child Relocation Residence Orders Parental Responsibility Discretionary Judgment Contact Arrangements

Case Brief

Summary, issues, holding and outcome

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Parties

W

Appellant

A

Respondent

Procedural Posture

Civil Appeal / Appeal From First Instance Judgment

Legal Issues

  1. 1 Whether the judge erred in applying the principles for permanent removal to a temporary removal application
  2. 2 Whether the judge undervalued the mother's career interests and misapplied the law regarding discrimination and shared care

Ratio Decidendi

The judge erred in law by applying the principles for permanent removal to a temporary removal application, leading to an incorrect assessment of detriment and undervaluation of the mother's career interests. The appellate court exercised discretion afresh and granted permission for temporary removal.

Court Disposition

appeal allowed

Orders

  • Permission granted for temporary removal of the child to South Africa with the mother
  • Further orders as to contact to be agreed between the parties