F v L [2017] EWCH 1377 (Fam) (09 June 2017)

Posted on Tuesday, June 27th, 2017

This Judgment was given by Ms Justice Russell in relation to an Application to Appeal a decision refusing an Application by the Appellant to relocate to Italy with the child of the family.  The Appellant was the mother of the child and the Respondent was the father of the child, who had opposed the mother’s Application.

The background to the proceedings was that the child was of Italian heritage, as both parents were Italian nationals, but had been born in the United Kingdom.  Both parents had moved to the UK for work and had later discussed further relocation to either Italy or Lanzarote.  In 2015 the parties had visited family in Italy and it was then that the parties’ separated.  The parties returned to the UK and had lived separately since May 2016.  The parties both worked and shared care of the child.  Cross-Applications had been made in relation to who should be the child’s main carer, his primary residence and also relocation to Italy.

Prior to giving her Judgment, Ms Justice Russell considered the evidence used by the previous Trial Judge in making the decision to refuse the Application, evidence and information that should have been used in making the previous decision and also relevant Case Law including Payne v Payne [2001] 1FLR 1052.  Ms Justice Russell concluded that the trial Judge ‘had made a fundamental procedural error in failing to resolve the issue of the future care of the child prior to considering the application for relocation.’  The Appeal was therefore allowed.  It was also Ordered that the matter be allocated to a different Circuit Judge to consider arrangements for the child and any renewed Application for relocation.  The child was also to be made a party to the proceedings.

The full judgment can be read here.

If you have any questions about this summary case law you can contact Claire here.

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