LEAVE TO REMOVE: Re R (Leave to Remove: Contact) [2010] EWCA Civ 1137

22 NOV 2010

(Court of Appeal; Pill, Wilson and Sullivan LJJ; 1 September 2010)

The father sought leave to appeal the judge's grant of permission for the mother to relocate permanently with their 5-year-old child to Australia. The mother was a citizen of both Australia and England and had family there. The father had no fixed base in the UK and had failed to support the child financially. The mother had lost her employment but had an offer of work in Australia. The judge proceeded without a Cafcass report, on the basis that the mother accepted that the father had good relationship with child. The child was too young to express his wishes and feelings about the possible move. The father also appealed on basis that no actual order for contact had been made post-removal.

The judge had addressed the issue of contact fully, but there was no requirement that an actual order for contact be made, nor that foreign mirror order be in place. Foreign mirror orders were not usual when the parent's bona fides was accepted by the court. Court refused the father's application for leave to appeal.

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