||All England Reporter
|| All ER (D) 244 (Feb)
||Court of Appeal, Civil Division
Dame Elizabeth Butler-Sloss P, Thorpe and Arden LJJ
||Seamus Kearney for the mother.
||Marianna Hildyard QC for the father.
||18 February 2003
Children - Removal from jurisdiction - Application for leave permanently to remove children from jurisdiction - Mother contending that current emotional state without support of relatives outside jurisdiction impairing her parenting ability - Judge refusing her application - Judge failing to consider whether children's welfare better advanced by releasing mother.
In considering an application for leave to remove children permanently from the jurisdiction, regard had to be paid to the role of the primary carer who had to bear to brunt of the daily wear of family life. In the instant case, the judge had failed sufficiently to recognise that the mother was the primary carer who was simply not providing for the children what she was capable of providing because of her depression and isolation. The judge's order refusing the mother's application to relocate outside the jurisdiction would therefore be set aside and her application would be granted.
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