Family Law Titles
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(Court of Appeal; Ward and Richards LJJ, 5 October 2006)
An order made by an Australian court that the child should be educated at a specific school (at which the father had obtained a job) and for a particular pattern of contact had been rendered impractical by the mother's move to a different part of the country. It was not permissible, on the authorities, to make an order imposing a condition on the mother's residence order that she reside within the vicinity of the school. A further change since the Australian order was the child's increasing hostility towards contact with the father. The English court, which had confirmed the terms of the Australian order, had been wrong not to take account of the geographical issues, and the problems that had already arisen in relation to contact. The provision as to schooling was discharged, and the contact element was suspended pending further investigation of the situation in the High Court.
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