25 Feb 2015
RK v. YS
- Citation
- RK v. YS
- Court
- Family Court
- Case number
- FCMC4931/2012
Leave to appeal was refused because the intended appeal had no reasonable prospect of success: the district judge's discretionary findings were within permissible ambit and not plainly wrong; the Japanese legal opinion did not establish inability to enforce access orders and enforcement difficulties are only one factor; evidence of maternal family support was adequate; post‑trial emails failed Ladd v Marshall criteria and would not affect the outcome; therefore no arguable case on appeal and stay was refused to avoid prejudicing children's schooling.