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The Court of Appeal has allowed the appeal of a Mother seeking to relocate with her two children to Germany. The Mother’s application had been dismissed by the lower court after it found that the Mother was motivated to stop contact.
Whilst recognising the trial judge’s unique ability to hear the oral evidence of the parties, Lord Justice Ryder, Lord Justice Kitchin and Sir Stanley Burton ruled that there had been no basis for the trial judge’s finding that the Mother had been motivated to stop contact. The Judge’s flawed value judgment coloured the way in which she assessed other important aspects of the case.
The Mother’s application has now been remitted for a re-hearing before a different circuit judge.
Zimran Samuel represented the Appellant Mother instructed by Christopher Fairhurst of Stephensons Solicitors LLP. The Respondent was represented by Karl Rowley Queen’s Counsel and Ms Christine Bispham.
A transcript of the Court’s extemporary judgment will be available in due course; a case summary is available here.