The mother sought to be allowed to move to Argentina with the two children of the family. The judge had found that she had lived her adult life in England and was resilient. Though refusal would cause her disappointment, it would not cause her psychiatric damage.
Held: The judge had applied the wrong test. She had shown that a refusal would lead to an impact on her sense of well being which would inevitably be transmitted to the children. For that reason the application should be granted. It was almost inevitable that the unhappiness of the primary carer would be transmitted to the children.
Thorpe, Smith LJJ
England and Wales
Updated: 26 May 2022; Ref: scu.223319