Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
View all articles
Authors

CONTACT/ RELOCATION: Re F (Internal Relocation) [2010] EWCA

Sep 29, 2018, 17:35 PM
Slug : 27102010ReF
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 15, 2010, 01:30 AM
Article ID : 92639

(Court of Appeal; Wilson, Rimer and Black LJJ; 27 October 2010)

The mother sought a specific issue order permitting her to move with her four children from north-east England to one of the Orkney isles. The mother and her new husband had accepted jobs on the island. The father enjoyed regular contact with the four children and the judge refused the application. One of the children was ambivalent about the move, one in was in favour, and two opposed it. The judge found the move would cause the children huge emotional strain and harm. The proposals were as close to removal from jurisdiction as possible and so exceptional that it was appropriate to refuse leave. The issue was whether the case was truly exceptional.

Mother's appeal rejected. The exceptionality test placed impermissible gloss on exercise of s 1(1)(3) tests, under which the children's welfare paramount. The mother's application was almost unarguable on welfare basis. If exceptional circumstances were needed, the Court of Appeal would have found such circumstances in this case.

__________________________________________________________________

Family Law Reports

Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.

They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from