The mother appealed against refusal of a specific issue order requested to allow her to remove the four children with her from Cleveland to Stronsay in the Orkneys. Both parents were GPs and accepted to be excellent parents. She and her new partner had accepted an offer to work as GPs on Stronsay. Held: The … Continue reading In re F (Children): CA 27 Oct 2010
A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence wanting to move to Northern Ireland, first to seek … Continue reading In re H (Children: Residence order: Relocation): CA 30 Jul 2001
The parties had been a lesbian couple each with children. Each now was in a new relationship. One registered the two daughters of the other at a school now local to her but without first consulting the birth mother, who then applied for residence and or contact. The other mother took the children secretly to … Continue reading In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner): HL 26 Jul 2006
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. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001
A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a disproportionate restriction on a parent’s right to determine … Continue reading In re E (Minors) (Residence Orders: Imposition of Conditions): CA 30 Apr 1997
The mother appealed against a prohibited steps order preventing her taking the child of the family with her on her relocation to Northern Ireland. Held: The making of an order either as a prohibited steps order or as a condition of a residence order, which placed restrictions on the right of the child’s primary carer … Continue reading In re B (A child) (Relocation): CA 24 Jul 2007