(Court of Appeal; Wall LJ; 10 August 2010)
The father sought permission to appeal a judgment granting the mother leave to remove their children from the jurisdiction. The judge refused permission, but acknowledged criticism of the Payne approach. While this may be a compelling reason for an appeal to be heard in the right case, this was not the right case. The judge had correctly and conscientiously applied the law.
Despite being a leave to appeal case, it provides a useful review of the leave to remove authority.
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