effect of refusal of the application would be seriously adverse to the new family, eg mother and child, or the mother, step-father and child, then this would. In my opinion the judge in the second application must be free to carry out a fully independent function unfettered by the earlier conclusions of the judge in the other jurisdiction. The father, (in person) raised the question of a breach of his right under Article 8(1). Related posts: Every Man in a Loving FLR Feels This Way. However I can well understand why the judge structured his judgment as he did. If that can be supported by contact with the father, that is an immense advantage, but, if it cannot, then there is no reason for diverting ones concentration from the central and paramount issue in the case. If it is wholly unreasonable, as I think it is in this case, to require the mother to remain in England, assuming even the court ought to put her in the position of choosing between staying very unhappily and uncomfortably in England and going home.
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The fundamental question is what is in the best interest of the child; and once it has been decided with so young a child as this that there really is no option so far as care and control are concerned, then one has to look. I do not think that such concepts of presumption and burden of proof have any place in Children Act litigation where the judge exercises a function that is partly inquisitorial. There are of course many other factors which may arise in an individual case. If individual jurisdictions adopt a chauvinistic approach to applications to relocate then there is a risk that the parent affected will resort to flight. That I believe to be the correct approach.". Remove that ring with some prying, and put on the flaccid penis. All those immediately affected by the proceedings, that is to say, the mother, the father and the child have rights under Article 8(1).
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