F v L [2017] EWHC 1377 (Fam)

An appeal from a decision refusing an application by F (the appellant and the child’s mother) to relocate to Italy with D (the subject child) her son aged five and a child arrangements order. The child’s father L cross- applied and sought a shared care CAO; he opposed the application for relocation. The appeal was allowed as the trial judge had made a fundamental procedural error in failing to resolve the issue of the future care of the child prior to considering the application for relocation. In addition, the judge failed to consider or make any finding in respect of complaints of controlling and coercive behaviour on the part of L alleged by F. Remitted to family court before a different circuit judge.