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Family Law

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21 JUN 2006

LEAVE TO REMOVE: Re MK (Relocation Outside Jurisdiction) [2006] EWCA Civ 1013

(Court of Appeal; Thorpe, Arden and Wilson LJJ; 21 June 2006) [2006] FLR (forthcoming)

The Brazilian mother's application to return to Brazil with the baby was refused on the basis that the mother had been untruthful in relation to her qualifications and the level of work available to her in Brazil. The allegation that the mother had deliberately misled the court had not been put to the mother in cross-examination, and the judge refused the mother's application that she be recalled to give evidence on that point.

The judge's rejection of the mother's credibility had been unfair and unwarranted and the relocation order would be granted. The judge had failed to consider the fact that the mother was giving evidence in her second language, and had founded her decision to refuse leave on the Children and Family Court Advisory and Support Service (CAFCASS) report in a way not borne out by the evidence, including the oral evidence given by the CAFCASS officer. Strong orders were required in England and in Brazil to ensure that contact with the father continued.

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