Court Report: Application for move to Australia

This case concerned an application by a mother for permission to appeal a refusal to allow her to move with her child to Australia. The mother had recently married a man who, although English, lived and worked in Australia and she wished to move there, taking her seven-year-old daughter (A) with her. A's father, who lived in England, successfully applied for a prohibited steps order to ensure that the mother could not remove the child to Australia.

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.

The Court of Appeal refused the mother's application for permission to appeal. The court held that the judge at first instance had properly applied her discretion when departing from the recommendation of the Cafcass officer. The court further explained that the judge had been correct to take into consideration the potential impact that such a move would have on A if she were to lose her relationship with her father.

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