Source: All England Reporter
Publisher Citation: [2003] All ER (D) 244 (Feb)
Court: Court of Appeal, Civil Division

Dame Elizabeth Butler-Sloss P, Thorpe and Arden LJJ

Representation Seamus Kearney for the mother.
  Marianna Hildyard QC for the father.
Judgment Dates: 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.

The Case

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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