Family and Child Law
In the case of Re E (children) (Relocation: removal from jurisdiction)  a father appealed against a ruling allowing his former partner to take their children to live in America.
On separating the mother was granted an uncontested residence order. The children stayed with the father every other weekend. The mother began a relationship with an American citizen and subsequently issued an application to take the children from the country to move to America. The mother offered to bring the children back to the UK for 3 months of every year as well as alternate Christmas holidays.
The father opposed the application and a CAFCASS officer was directed to prepare a report. The officer concluded that the children should not be removed from the country.
When considering the facts the judge found that the mother had put together sound proposals and granted the mothers application on the condition she obtain a mirror order from the American courts.
The husband appealed arguing that the judge had not given clear reasons as to why he had ignored the CAFCASS report. The appeal was dismissed. The judge had rejected the officer’s report as it was unbalanced – focusing only on the effect on the father and not looking at the proposals and effect on the mother.