A single mother wanted to move permanently to New Zealand with her four year old son. The father had regular contact with his son.
Held: The application failed. The Judge stressed the importance of the child’s relationship with the father and through him with the paternal family.
Thorpe J said: ‘in approaching the first question, whether or not there should be leave for permanent removal, I apply the principles which have stood largely unchanged since the decision of the Court of Appeal in Poel v Poel. In the later case of Chamberlain v de la Mare a strong Court of Appeal stated that, in considering whether to give leave, the welfare of the child was the first and paramount consideration, but that leave should not be withheld unless the interests of the children and those of the custodial parent were clearly shown to be incompatible.
That statement of principle creates a presumption in favour of the reasonable application of the custodial parent, but in weighing whether the reasonable application is or is not incompatible with the welfare of D, I have to assess the importance of the relationship between D and his father, not only as it is but as it should develop. The relationship with the father is the doorway through which D relates to other members of the family, particularly his half-sister L, his paternal grandmother, and his paternal first cousins. That is the crux of this case.’
Judges:
Thorpe J
Citations:
[1995] 2 FLR 106
Jurisdiction:
England and Wales
Cited by:
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 – 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 C (leave to remove from the jurisdiction) CA 2000
The court heard an appeal from an order made on an application for leave to remove a child from the jurisdiction. . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 18 May 2022; Ref: scu.417804
