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19 OCT 2012

REMOVAL FROM JURISDICTION:Re A (Removal From Jurisdiction) [2012] EWCA Civ 1541

(Court of Appeal, Thorpe, Black LJJ, Sir David Keene, 22 June 2012) 

The Turkish mother applied for leave to remove the child and move to Turkey when the relationship with the English father ended. Permission was refused and the mother was prevented from taking the child to Turkey on holiday for a year. When the application was renewed it was once again refused. The mother appealed.

In dismissing the appeal the court held that it was for the judge to see and hear the witness evidence and there was no doubt that the maternal grandfather's evidence had caused the judge alarm. It was not for the Court of Appeal to minimise that consideration. The judge actively encouraged the mother to reapply for permission to take the child to Turkey on holiday when he was older.

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