The father sought leave to appeal against an order permitting the mother to remove the parties two sons from Wales to live in Slovakia. The judge had made a shared residence order. Wall LJ discussed the criticisms of Payne -v- Payne, saying: ‘There has been considerable criticism of Payne v Payne in certain quarters, and there is a perfectly respectable argument for the proposition that it places too great an emphasis on the wishes and feelings of the relocating parent, and ignores or relegates the harm done of children by a permanent breach of the relationship which children have with the left behind parent.’
Judges:
Wall LJ
Citations:
[2010] EWCA Civ 50, [2010] Fam Law 1175, [2010] 2 FLR 1605
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Gloucestershire County Council v P (A Minor) and Others CA 19-May-1999
A judge may make a residence order of his own motion, in exceptional and clear circumstances, so as to give residence to a person who was debarred themselves, from applying for such an order. There is no explicit statutory restriction preventing a . .
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.
Cited – in Re A (Leave to Remove: Cultural and Religious Consideration) FD 2006
. .
Cited by:
Cited – In re AR (A Child: Relocation) FD 10-Jun-2010
Both parents had parental responsibility. The French mother wished to return to live in France and to take the five year old child with her, applying to court for the appropriate order.
Held: The court pointed to the real difficulties always . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 13 August 2022; Ref: scu.396630