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Leave To Remove

C (A Child) [2011] EWCA Civ 72 – Leave to Remove/International Relocation

This case is another illustration of the fact that if judges have concerns about granting permission for relocation-in this case on the grounds of the applicant mother's negative feelings towards the father then it will balance out the maternal distress argument in order to allow the unique features of that case.  This case was a permission to appeal case which meant that the applicant mother did not even get off the blocks in seeking to reverse the trial judges refusal to permit the child concerned to relocate in order that she could live with her English born husband who had lived in Australia for 23 years.

However, the stepfather's plan to remain in England with the applicant mother in furtherance of their married life if she was unsuccessful in her wish to emigrate was obviously a key factor taken into account in refusing the mother.

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