Removing Child from Jurisdiction

Re C (Leave to Remove From Jurisdiction) ([2000] 2 FLR 457 CA)

The mother of a child aged six married a man from Singapore where she wished to live with her husband. The father opposed her application to remove the child permanently from the jurisdiction on the grounds that he had contact with the child every third weekend and share the school holidays. The judge refused leave on the grounds that the custodial parent’s reasonable plans were outweighed by the fact that the move would severely limit the child’s contact with the father. The Court of Appeal dismissed the mother’s appeal based on the judge’s failure to give appropriate weight to the fact that his removal meant the mother would remain in England with the child while the husband returned to Singapore alone. The judge had reached a difficult but finely balanced decision having considered all the authorities and taking into account all relevant matters. The Court of Appeal should not substitute its own discretion for that of the judge.