(Court of Appeal, Pill, Toulson, Munby LJJ, 24 October 2012)
The unmarried Spanish parents relocated to the UK. When the relationship broke down the mother returned to Spain and the father remained in England. When the family took a holiday together in the UK the mother returned to Spain after just a few days leaving the child with the father for what she thought would be a short period. Both parents issued residence proceedings.
The judge applied Payne v Payne and made a shared residence order but permitted the mother to relocate with the child to Spain and for staying contact with the father in England. The father appealed. There had been no error of law. The judge was entitled to have regard to the guidelines in Payne and had correctly applied the child's best interests test. Appeal dismissed.