Read the full judgment text of FCMC 006078/2008 on BabelCite. This Family Court judgment was delivered on 5 June 2009 before HH Judge Bruno Chan.
Matrimonial Causes – Relocation – Child welfare – Payne v Payne principles – Leave to remove children from jurisdiction – District Court – Petitioner M sought leave to remove two sons to Australia permanently – Respondent B opposed on financial and welfare grounds – Court applied principles from Payne v Payne [2001] EWCA Civ 166 – Held application genuine and realistic – Welfare of children paramount – Relocation not incompatible with welfare – Leave granted – Father's application for joint care and control refused – Costs order made – Interim maintenance pending final ancillary relief.
Legal issues: Genuineness and realism of relocation application · Welfare of children and compatibility of relocation · Father's application for joint care and control · Costs
Outcome: Leave granted to Mother to remove children to Australia; Father's application for joint care and control refused.
Cited by 2 cases