This case concerned a child (A) who was five-years-old. A's mother was French and his father was British. His mother applied to the court for permission to move A permanently to live with her in France. Consequently, the child's father applied to the court for a residence order to allow his son to live with him. This was later changed to a request for a shared residence order.
In order to decide which of the applications to grant, the court took into consideration the fact that shared residency orders are increasingly "the rule rather than the exception". In addition, the court applied the test as established in Payne v Payne which requires the court to consider the following elements:
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