The applicant wanted to go to South Africa to study, taking her child with her. The course would last for two years.
Held: The jurisprudence on removing children abroad had to be applied differently when the removal was temporary. Some considerations would not be relevant, and the test would not be as high. The court had to be practical and balance the various interests.
Judges:
Thorpe LJ, Wall LJ, Black LJ
Citations:
Times 10-Nov-2004
Jurisdiction:
England and Wales
Citing:
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: 09 May 2022; Ref: scu.219427