Leave to remove post-Brexit: appealing an appeal

In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.

This case concerned an appeal by the father against a High Court decision that had allowed the mother’s appeal of an order at first instance. The first instance order had refused her application for permission to take the parties’ child to live in the parents’ home region in Italy.

The facts of the case were not unusual. The father and mother were both Italian nationals who had moved to England at different stages over a decade before their son’s birth (referred to as ‘D’). Following the parties’ separation in December 2015 the care of D was shared equally between the parents. The application was a leave to remove to Italy by the...

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