Re Auld (Child: Temporary removal from jurisdiction)

JurisdictionEngland & Wales
Judgment Date04 November 2004
Date04 November 2004
CourtCourt of Appeal (Civil Division)


Before Lord Justice Thorpe, Lord Justice Wall and Lady Justice Black

In re Auld (Child: Temporary removal from jurisdiction)

Children - differing considerations applicable to temporary and permanent removal of child from jurisdiction

Temporary removal of child allowed

Considerations which applied to the temporary removal of a child from the jurisdiction were not the same as those which applied to permanent removal.

The Court of Appeal so held in allowing an appeal brought by the mother, Leanne Wilson, against the refusal by Judge Moir at Newcastle upon Tyne County Court, of her application to take her daughter, Abby, born on November 13, 2000, for a period not exceeding two years to South Africa so that the mother could undertake research for her PhD.

The application had been resisted by the child's father, Dean Auld. The parties had never been married but there was a parental responsibility order by consent.

Mr Roger McCarthy, QC, who did not appear below, for the mother; Ms Alison Ball, QC and Ms Pauline Moulder for the father.

LORD JUSTICE THORPE said that the relocation jurisprudence set a high test for anyone applying to remove a child from the jurisdiction permanently for the obvious reasons of upheaval to the children and reduction in contact to the other parent.

However, considerations relevant to an application to relocate permanently were simply not automatically, if at all, applicable to applications for temporary removal.

It seemed to his Lordship that the judge, in assessing the detriment to the child, made her assessment as though the removal would be permanent...

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