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(Court of Appeal; Wall LJ; 10 August 2010)
The father sought permission to appeal a judgment granting the mother leave to remove their children from the jurisdiction. The judge refused permission, but acknowledged criticism of the Payne approach. While this may be a compelling reason for an appeal to be heard in the right case, this was not the right case. The judge had correctly and conscientiously applied the law.
Despite being a leave to appeal case, it provides a useful review of the leave to remove authority.
Family Law Reports are relied upon by the judiciary, barristers and solicitors and the reports are cited daily in court and in judgments.
They contain verbatim case reports of every important Family Division, Court of Appeal, House of Lords and European courts case, and also includes practice directions, covering the whole range of family law, public and private child law.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...