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 her place of habitual residence.
Butler-Sloss LJ said: ‘In my view the principles set out in a long line of authorities relating to leave to remove permanently from the jurisdiction have no application to conditions proposed under section 11(7).’
Judges:
Butler-Sloss LJ, Saville LJ, Thorpe LJ
Citations:
Times 16-May-1997, [1997] 2 FLR 638, [1997] EWCA Civ 3084
Links:
Statutes:
Children Act 1989 8 11(7) 13(1)(b), European Convention on Human Rights 8 2
Jurisdiction:
England and Wales
Cited by:
Cited – In Re G (A Minor) (Interim Care Order: Residential Assessment); G (Children), In Re (Residence: Same Sex Partner) HL 26-Jul-2006
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 . .
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 . .
Cited – In re B (A child) (Relocation) CA 24-Jul-2007
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 . .
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 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 . .
Lists of cited by and citing cases may be incomplete.
Children, Human Rights
Updated: 05 November 2022; Ref: scu.81862