LEAVE TO REMOVE: Re D (Children) [2010] EWCA Civ 50

16 SEP 2010

(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.

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