ON APPEAL FROM CHELMSFORD COUNTY COURT
(LOWER COURT No: CM10P00096)
(HER HONOUR JUDGE STAITE)
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE TOULSON
|IN THE MATTER OF C (A Child)|
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The Respondent father did not attend and was not represented.
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Lord Justice Wilson:
"If she were permitted to live in Australia, I find that [Mr D] would assume the role of [the child's] father and that, within a short time, [the child's] relationship with her father would be of little value. In my judgment the mother's attitude towards the father combined with the limited direct contact would not permit a relationship between the father and [the child] to be sustained. To lose the significant relationship which she has with her father would not, as I find, be in [the child's] present or future interests and would be inimical to her welfare."
The judge recognised that she was departing from the recommendation of Mrs Nolan but considered that, unlike herself who had heard evidence over three days, Mrs Nolan had been unable to perceive the strength of the mother's dislike of the father and the impact thereof on his future relationship with the child in the event of a move to Australia. She also found, no doubt by reference to the account of the mother which the judge had not altogether accepted, that Mrs Nolan had underestimated the strength of the past and present relationship between the child and the father.
Lord Justice Toulson:
Order: Application refused