The Court of Appeal refused leave to appeal in a child custody dispute, holding the proposed grounds only reargued factual findings and showed no reasonable prospect of success.
The District Court refused a father’s application for leave to appeal against a relocation order permitting the mother to move the children to Kelowna, Canada.
The court granted the mother leave to relocate the child to Zurich, refusing the father’s Los Angeles application and varying care and control to the mother.
The District Court refused a mother’s third relocation application for her younger son to move to Japan, keeping care and control with the father and adjusting access.
The Court of Appeal refused leave to appeal in a child custody and access dispute, holding that the father’s grounds did not show a reasonable prospect of success.
The Family Court refused a father's application for leave to appeal against a custody and access order, finding no reasonable prospect of success on any ground.
Court refused the father's application and maintained the existing arrangement: mother retains care and control of both children and guardianship remains joint. Decision rested on the children's best interests as informed by social welfare reports and the children's expressed wishes, superior living conditions with mother, the importance of preserving sibling unity, the son's aversion to staying at the grandparents' home (including concerns about uncle's long-term mental illness), and the father's persistent use of coarse language and lack of insight which adversely affected his relationship…
Applying Cap.13 s3 and the guiding factors in Payne, the court found relocation to Shenzhen to be in the child's best interests because father is the established primary carer, the relocation plan is feasible (suitable housing, supportive step‑mother, practical cross‑border access), social work reports recommended approval subject to school place confirmation, and the mother's relationship with the child can be maintained by defined visitation and daily electronic contact; accordingly father retains care and control and relocation is approved with specified conditions.