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...
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles

LEAVE TO REMOVE: Re H (Leave to Remove) [2010] EWCA Civ 915

Sep 29, 2018, 17:30 PM
Slug : leave-to-remove-re-h-leave-to-remove-2010-ewca-civ-915
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 5, 2010, 07:30 AM
Article ID : 91265

(Court of Appeal; Jacob, Lloyd and Wilson LJJ; 19 May 2010)

The child was born in England and then moved to the Czech Republic aged one. The child spent some three years there but then returned to England for almost two years. The mother then took her child back to the Czech Republic without the father's permission. The father obtained an order requiring the mother to return which she did, but she sought leave to relocate to the Czech Republic. The child was now 7-years-old. The judge found that the mother and the father were both caring and good parents and granted leave with staying contact with the father in the UK and the Czech Republic. The father would be devastated if permission was given, and equally the mother, the primary carer, would be devastated if permission was not given.

The judge had failed to refer to wishes of child. The Court examined criticisms of Payne and also considered the Washington Declaration on International Family Relocation. Consideration to be given to whether the present law of England and Wales placed excessive weight upon impact on primary carer. Nonetheless, appeal dismissed.


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 :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from