LEAVE TO REMOVE: Re H [2010] EWCA Civ

25 MAY 2010

(Court of Appeal; Thorpe and Etherton LJJ and Morgan J; 20 May 2010)

Following a long litigation history between the parents, the mother sought leave to remove her 9 year old child to Australia. After a two day hearing the judge involved in earlier litigation granted permission to relocate. The father appealed and argued that the judgment was so brief that it failed to explain that all relevant considerations were taken into account, that there was insufficient consideration of the mother's history of blocking the father's contact, and that the child should have had a separate s 9 representation.  

Appeal dismissed. The judge had wished to avoid the delay entailed in providing a written judgment. Given the judge's previous involvement in the family, it was permissible for him to have been brief. Section 9 representation was not given because no application was made for it at the interlocutory stage.

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