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25 MAY 2011

RELOCATION: Re W (Relocation: Removal Outside Jurisdiction) [2011] EWCA Civ 345

(Court of Appeal; Wall P, Lloyd and Elias LJJ; 30 March 2011)

The mother sought permission to relocate with her children to Australia. She was supported by her Cafcass officer. The father opposed the application. The application was refused on the basis of a greatly improved relationship with children because of recent court ordered contact. The mother appealed.

The Court of Appeal overturned the refusal of permission to relocate. The judge's balancing exercise and application of Payne was flawed. Insufficient weight had been given to the impact of refusal on the mother and the interests of the primary carer and the children's relationship with the maternal family as against their new relationship with the paternal family. The President moderated his comments in Re D.

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