Kerr LJ, having considered the cases on removing children from the jurisdiction on one parent emigrating said: ‘I also accept that this line of authority shows that where the custodial parent herself, it was the mother in all those cases, has a genuine and reasonable desire to emigrate then the court should hesitate long before refusing permission to take the children.’
Citations:
[1989] 2 FLR 158
Jurisdiction:
England and Wales
Cited by:
Cited – Payne v Payne; P v P CA 13-Feb-2001
No presumption for Mother on Relocation
The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence.
Lists of cited by and citing cases may be incomplete.
Children
Updated: 18 May 2022; Ref: scu.417803