Para c how would refusal affect r/ship

Question 1

Para c

Answer 1

“What would be the impact on the mother, either as the single parent or as a new wife, of a refusal of her realistic proposal? : Re F; Re K (CA)

Question 2

Payne v Payne look at what issues

Answer 2

look at problems piratical, emotional and psychological that would reduce security and stability for the child

Question 3

Re F (CA)

Answer 3

The court had to consider to what extent it would cause the mother unhappiness or distress, or indeed bitterness, if her reasonable desire to move out of the jurisdiction with her child were frustrated by the court, and how such an order and the unhappiness it would cause to the mother, would react upon the child.

Question 4

Re K (CA)

Answer 4

• The mother has an underlying resilience that will enable her to cope with this conclusion and perform in the future just as well by [the child] as she has done in the past.
• The more resilient you are the less likely you are to succeed. The concern with ability to cope called the distress defence. Less charitably called selfish parents charter.

Question 5

A new relationship

Answer 5

Re B: - Two mothers who had formed new relationships with foreign nationals, both with thriving careers in their home countries, were permitted to relocate.
Where the child’s step-father is a foreign national … as well as work all his history, his family ties and his loyalties pull in the same direction. If the court frustrates that natural emigration it jeopardises the prospects of the new family’s survival or blights its potential for fulfilment and happiness.

Question 6

Stonger case where mother wants to return home

Answer 6

Re B : Mother allowed to relocate even though it was a “life-style choice” case. Compared with “going home” cases, it is harder (although not impossible) to satisfy the judge that a refusal will destabilise the applicant emotionally and psychologically.