Family Law Hub

MK v CK [2011] EWCA Civ 793

Judgment, published: 27/07/2011

Items referring to this

  • Application by the mother, which was opposed by the child's birth father, for permission to permanently locate with the child to the USA. The application was granted. Judgment, 02/12/2016, free
  • Appeal by mother against refusal of application for permission to take child out of the jurisdiction to live with her in Poland. Appeal allowed. Judgment, 23/02/2018, free
  • Father's application to have direct contact with the child and mother's application to remove the child permanently from the UK. Judgment, 28/07/2017, free
  • Each parent sought primary care of the child pursuant to a child arrangements order under s.8 Children Act 1989. In addition, the mother sought permission, pursuant to s.13 Children Act 1989, to remove the child permanently from this jurisdiction to Israel. Judgment, 09/12/2015, free
  • The judge gave permission for the father to remove his 3 daughters permanently to Nigeria following a finding that the mother had made false claims in respect of FGM in an effort to bolster an application for asylum in the United Kingdom. Judgment, 06/05/2016, free
  • Father's appeal against an order which allowed the mother to permanently relocate to Germany with their daughter. The appeal was allowed: the judge's reliance on the Payne v Payne criteria led her away from carrying out the necessary overall welfare analysis that was needed. Judgment, 06/08/2015, free
  • Judgment, 29/10/2012, free
  • In a tweet: Unsuccessful appeal against a leave to remove order. In brief: The father (“F”) sought to appeal a leave to remove order in proceedings where the mother (“M”) had been able to establish that he had acted in an angry, violent or otherwise inappropriate manner towards the child. The trial judge’s approach could not be criticised. It had been welfare-based, full weight had been given to the impact of the move on the child’s relationship with F and F’s proposals had not been ignored. Judgment, 05/10/2016, free
  • Judgment, 13/11/2012, free
  • Father's appeal against an order granting permission for the respondent mother to relocate to Moscow with the two children. The issues central to the appeal were: (i) whether the judge attributed too great a weight to the mother's relationship with her present husband (the step-father) at the expense of focusing upon the children's relationship with their father and other welfare issues and (ii) whether he failed sufficiently to analyse the evidence in the case, in particular evidence directed to establishing the mother's motivation in seeking permission to relocate. Appeal dismissed. Judgment, 01/11/2016, free
  • Application for leave to remove child to Tanzania. Application approved. Judgment, 17/04/2014, free
  • A relocation case which looks closely at the issue of motivation. The mother (“M”) had been refused permission to leave the country with the couple’s two children to relocate permanently to Germany, with the first instance judge finding that M’s motivation in relocating was to interfere in the father’s (“F”) relationship with the children. On appeal, the first instance judge was found to have misdirected herself on the issue of motivation as the evidence did not support such a conclusion being made. The decision was set aside and the case remitted. Judgment, 04/07/2014, free
  • Training note, 07/08/2012, members only
  • Training notes to accompany Piers Pressdee QC's webinar on Private Children Law, recorded on 15 October 2013 Training note, 24/10/2013, members only
  • Father's appeal against the dismissal of his application that the child should return to Kent from the North East. Appeal dismissed. Judgment, 21/10/2016, free
  • Judgment, 09/06/2013, free
  • Application by mother, opposed by the father, for permission to remove child to Angola permanently. Application granted but subject to conditions. Judgment, 17/06/2015, free
  • Father's appeal against an order permitting the mother of the child to remove her permanently from this country to live in Sweden. Appeal dismissed. Judgment, 26/03/2015, free
  • Father's appeal against a decision to allow the mother to re-locate the children permanently to Brazil. Appeal dismissed. Judgment, 27/05/2014, free
  • The Court of Appeal has recently provided guidance about the principles that should be applied to applications for internal relocation in the case of Re C (Internal relocation) [2015] EWCA Civ 1305. Charlotte Trace of 29 Bedford Row summarises the main points. Article, 14/01/2016, free
  • Father's appeal against a decision allowing the mother to relocate with the child from London to Cumbria. Appeal dismissed. Case note, 20/01/2016, members only
  • When considering whether to make a shared residence order where the child spent three days each week with the father, the judge had been entitled to find that the mother remained the primary carer and had not fallen into the error of identifying the interests of the mother with those of the child when considering the effect on the child of the mother's relocation. Judgment, 24/07/2012, free
  • Application by M for permission to relocate with the child to her birth place in Moscow. Application granted. Judgment, 23/01/2015, free
  • Judgment, 27/02/2013, free

Published: 27/07/2011

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