ETS v BT; in re T (A child); In Re L (a child) (internal relocation: shared residence order: CA 28 Jan 2009

The mother appealed against a residence order granting the father equal time with the child, saying that she wished to move away.
Held: Wall LJ examined the authorities.
Wall LJ P said: ‘In twenty years time it will not matter a row of beans whether or not L spent x or y hours more with one parent rather than the other: what will matter is the relationship which L has with her parents, and her capacity to understand and engage in mutually satisfying adult relationships. If she is given a distorted view of adult relationships by her parents, her own view of them will be distorted, and her own relationships with others – particularly with members of the opposite sex – will be damaged.’

Judges:

Wall, Aikens LJJ, Bennett J

Citations:

[2009] EWCA Civ 20, [2009] 1 FLR 1157, [2009] 1 FCR 584, [2009] Fam Law 294, [2009] 2 All ER 700

Links:

Bailii

Statutes:

Children Act 1989 11(7)

Jurisdiction:

England and Wales

Citing:

CitedPayne 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.

Cited by:

CitedIn re F (Children) CA 27-Oct-2010
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 . .
CitedC (A Child), Re Misc 11-May-2012
Romford County Court – C, a girl aged 10 and a half wished to be baptised a christian. Her Jewish parents, were now separated, and her father had converted. The mother refused, and all four grandparents opposed. The father said that C was a bright . .
Lists of cited by and citing cases may be incomplete.

Children

Updated: 22 July 2022; Ref: scu.280168