RE C (CHILDREN) (2003), [2003] EWCA CIV 413, CA (Butler-Sloss, Thorpe, Arden)

Mother’s appeal from the refusal of her application for permission to leave the jurisdiction with the children and relocate to Ireland. The father was enjoying good contact since the parents’ separation. The mother’s application stated that, other than the two children, she had no family in England and felt unsupported and disenfranchised. She felt isolated and unhappy and sought to return to Ireland with the children in order to have support from her family. On appeal the mother argued that whilst the judge recorded her unhappiness and depression, he failed to focus adequately on the impact that refusal of her application would have had on her and in turn upon the children.

Held:

1. The judge’s decision was to be criticised on the basis that he did not sufficiently recognise that the mother’s primary case was that she was a disabled parent who was prevented from providing for her children what she was capable of providing, by virtue of her depression and isolation.
2. In the present case the potential impact on the mother of refusing permission, coupled with the fact that one of the children had a disability (Aspergers), fortified her case that she required all the support possible to enable her to deliver the high standard of parenting needed by that child.
3. The judge had failed to undertake the crucial assessment of the effect refusing the mother’s application would have on her future psychological and emotional stability.

Appeal allowed.