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Family Law

The leading authority on all aspects of family law

25 JAN 2005

LEAVE TO REMOVE: Re G (Removal from Jurisdiction) [2005] EWCA Civ 170

(25 January 2005, Thorpe and Smith LJJ; Court of Appeal)[2005] 2 FLR 166, [2005] The Times February 28

The judge had applied the wrong test when he dismissed the mother's application for permission to remove permanently to Argentina with the children on the basis that refusal would not cause psychiatric damage. All that the mother needed to show was that refusal would have an impact on her sense of well-being and that that would be transmitted to the children. It was almost inevitable that the unhappiness of the primary carer transmitted to the children.

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