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 to choose where to live must remain truly exceptional. In re E had not been cited to the judge. Had it been so cited, the order might not have been made.
Judges:
Thorpe LJ
Citations:
Times 10-Oct-2007
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – In re E (Minors) (Residence Orders: Imposition of Conditions) CA 30-Apr-1997
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 . .
Cited – In re H (Children: Residence order: Relocation) CA 30-Jul-2001
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 . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 07 May 2022; Ref: scu.263459
