Removal from Jurisdiction

Family and Children

The Court of Appeal has refused an application by a mother to relocate to Canada with her two children aged two and four.

The children are cared for by both parents under a shared residence order.  Although the mother cared for the children on more nights, the father had more daylight contact with the children.  Despite a Children and Families Court Advisory and Support Service (CAFCASS) report recommending the application be refused the judge at the first hearing allowed the mother’s application.

The appeal was successful on the basis that the recommendations of the CAFCASS officer had been rejected by the judge without proper analysis or explanation.  When explaining her conclusion the judge only referred to the case presented by the mother and was not a result of balancing the pros and cons.  It should have been taken into account that the father cared for the children more or less equally with the mother when applying case law.

If you would like more advice regarding children in the event of a relationship breakdown please contact our Family Law Department on Eastbourne 01323 727321 or Hailsham 01323 841481 for a free initial appointment.