The mother applied to the County Court for permission to move with A to Australia. A report was written by a Children and Family Court Advisory and Support Service (Cafcass) officer stating that it was a difficult decision but that the mother should be given leave to remove the child. The judge at the County Court refused to give permission for this, holding that the mother had given no thought to the impact of the move on the child's relationship with the father and that A would lose her relationship with her father if she were to move. The mother appealed to the Court of Appeal to ask for permission to appeal this decision.
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