Payne C- welfare

Question 1

What are the Payne factors

Answer 1

only guidance and must be applied as part of an evaluation- the weight of each factor will vary according to the circumstances K v K; Re F CA

Question 2

Problems of adaption

Answer 2

M v M (CA): - Mother refused leave to move to Israel as it would have required adaptation to a very different culture with language and educational difficulties. The children, who were aged 12 and 9, did not want to go. Took account that children aged 9 and 12 did not want to go.

Question 3

K v K (CA)

Answer 3

anadian mother and Polish father lived in London and had a SRO in relation to their two daughters. CA overruled a decision that the mother could relocate to Canada. Only binding factor is welfare

Question 4

Presumption that welfare demands that siblings are kept together

Answer 4

C v C (CA)l B v B (CA)

Question 5

If welfare conflict but application concerns both

Answer 5

Must balance welfare Re S (CA)

Question 6

If application concerns one child, then

Answer 6

welfare only relevant in so far as it impacts Re Y

Question 7

Re Y (CA)

Answer 7

• Father argued that lower court had paid insufficient attention to the effect on the daughter if the family split up as a result of the refusal. Held that the welfare of the two boys was paramount. The effect of the decision on the daughter was relevant but her welfare was not paramount because the proceedings were not about her.

Question 8

Is Payne applicable in shared welfare cases

Answer 8

No but the Wp and WC will apply