LEAVE TO REMOVE: Re M (Removal from Jurisdiction: Adjournment) [2010] EWCA Civ 888

13 AUG 2010

(Court of Appeal; Wall P and Black LJ; 22 June 2010)

The father was from Cameroon and sought to permission to take his child with him to Cameroon on holiday. The mother argued that a trip to Cameroon was not in child's best interests and feared the child would be retained.

The issue was whether the judge should have adjourned the case for expert evidence to be obtained on the legal situation in Cameroon.  

Appeal allowed. The judge should have followed Re K (Removal from Jurisdiction: Practice) [1999] 2 FLR 1084. Expert evidence was necessary in order to discover whether notarised agreement possible, and if so would it help, and whether a mirror order would be possible or desirable in Cameroon.

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