Mathew Thorpe
Encyclopedia
Sir Mathew Alexander Thorpe (born 30 July 1938), styled The Rt Hon. Lord Justice Thorpe, is one of the senior judges
in the Court of Appeal of England and Wales
(also known as the Lord Justices of Appeal of England and Wales) where he was appointed on 2 October 1995. He was educated at Stowe School
and Balliol College, Oxford
.
He has presided over a number of important cases which have influenced the evolution of family law
. He is regarded as a traditionalist
in respect of parenting role
but as a reactionary
by his detractors.
1. Roles of men and women Re: S (Children) [2002] EWCA Civ 583
This case concerned a divorce where the mother had a high salary and the father stayed at home to look after the children under a shared parenting
arrangement. If residence
had been awarded to the father
, the status quo in London
would continue. However, if residence were awarded to the mother then she would move with the children to Linlithgow
in Scotland
. It was submitted on behalf of the father that it would be gender discrimination
to decide residence in favour of the mother: if the roles were to be reversed, a father who proposed to abandon a lucrative career with the consequence that his wife and children would suffer a dramatic downturn in the standard of living, would not have the smallest chance of being given a residence order as his reward. This submission was rejected by LJ Thorpe on grounds of gender role
:
2. Leave to remove from the jurisdiction
This refers to the situation where the court must decide whether to grant permission to a parent who wants to take the children to live in another jurisdiction in the face of opposition from the other parent. It means that a parent (invariably the father) who continued to live in the UK
would no longer have access to his children.
In Payne v Payne (2001) 2 WLR 1826, LJ Thorpe found that unilateral relocation cases had been consistently decided over 30 years upon the application of the following two propositions:
the welfare of the child is the paramount consideration; and refusing the primary carer’s reasonable proposals for the relocation of her family life is likely to impact detrimentally on the welfare of her dependent children. Therefore her application to relocate will be granted unless the court concludes that it is incompatible with the welfare of the children.
Applying these principles, the Payne child was allowed to be taken to New Zealand
by the mother since otherwise the effect on her of being forced to stay in England
would be "devastating". This approach was followed again later in Re: B (Children) (Removal from Jurisdiction); Re: S (A Child) (Removal from Jurisdiction) (2003) (2003) 2 FLR 1043. LJ Thorpe said, in connection with two cases involving children being removed to Australia
and South Africa
respectively, that to frustrate "natural emigration" risked the survival of the new family or blighted its potential for "fulfilment and happiness". He said:
He said that it was also possible for a father to take employment abroad after separation or to marry a foreigner and there would be the same loss of contact.
to consider and offer advice to doctors on matters relating to child protection. Controversially the convicted child-abductor and conspirator Penny Mellor was invited to join the party.
Lord Justice of Appeal
A Lord Justice of Appeal is an ordinary judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, and represents the second highest level of judge in the courts of England and Wales-Appointment:...
in the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
(also known as the Lord Justices of Appeal of England and Wales) where he was appointed on 2 October 1995. He was educated at Stowe School
Stowe School
Stowe School is an independent school in Stowe, Buckinghamshire. It was founded on 11 May 1923 by J. F. Roxburgh, initially with 99 male pupils. It is a member of the Rugby Group and Headmasters' and Headmistresses' Conference. The school is also a member of the G20 Schools Group...
and Balliol College, Oxford
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....
.
He has presided over a number of important cases which have influenced the evolution of family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
. He is regarded as a traditionalist
Tradition
A tradition is a ritual, belief or object passed down within a society, still maintained in the present, with origins in the past. Common examples include holidays or impractical but socially meaningful clothes , but the idea has also been applied to social norms such as greetings...
in respect of parenting role
Parent
A parent is a caretaker of the offspring in their own species. In humans, a parent is of a child . Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child...
but as a reactionary
Reactionary
The term reactionary refers to viewpoints that seek to return to a previous state in a society. The term is meant to describe one end of a political spectrum whose opposite pole is "radical". While it has not been generally considered a term of praise it has been adopted as a self-description by...
by his detractors.
1. Roles of men and women Re: S (Children) [2002] EWCA Civ 583
This case concerned a divorce where the mother had a high salary and the father stayed at home to look after the children under a shared parenting
Shared parenting
Shared parenting refers to a collaborative arrangement in child custody or divorce determinations in which the care of the children is equal or more than substantially shared between the biological parents.- Nature and History :...
arrangement. If residence
Residence in English family law
Residence is a term used to refer to not always similar concepts in various parts of English law including taxation, immigration, and family law. The remainder of this article deals exclusively with English family law...
had been awarded to the father
Father
A father, Pop, Dad, or Papa, is defined as a male parent of any type of offspring. The adjective "paternal" refers to father, parallel to "maternal" for mother...
, the status quo in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
would continue. However, if residence were awarded to the mother then she would move with the children to Linlithgow
Linlithgow
Linlithgow is a Royal Burgh in West Lothian, Scotland. An ancient town, it lies south of its two most prominent landmarks: Linlithgow Palace and Linlithgow Loch, and north of the Union Canal....
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. It was submitted on behalf of the father that it would be gender discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
to decide residence in favour of the mother: if the roles were to be reversed, a father who proposed to abandon a lucrative career with the consequence that his wife and children would suffer a dramatic downturn in the standard of living, would not have the smallest chance of being given a residence order as his reward. This submission was rejected by LJ Thorpe on grounds of gender role
Gender role
Gender roles refer to the set of social and behavioral norms that are considered to be socially appropriate for individuals of a specific sex in the context of a specific culture, which differ widely between cultures and over time...
:
- "That submission seems to me to ignore the realities, namely the very different role and functions of men and women, and the reality that those who sacrifice the opportunity to provide full-time care for their children in favour of a highly competitive professional race do, not uncommonly, question the purpose of all that striving, and question whether they should not re-evaluate their life before the children have grown too old to benefit."
2. Leave to remove from the jurisdiction
This refers to the situation where the court must decide whether to grant permission to a parent who wants to take the children to live in another jurisdiction in the face of opposition from the other parent. It means that a parent (invariably the father) who continued to live in the UK
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
would no longer have access to his children.
In Payne v Payne (2001) 2 WLR 1826, LJ Thorpe found that unilateral relocation cases had been consistently decided over 30 years upon the application of the following two propositions:
the welfare of the child is the paramount consideration; and refusing the primary carer’s reasonable proposals for the relocation of her family life is likely to impact detrimentally on the welfare of her dependent children. Therefore her application to relocate will be granted unless the court concludes that it is incompatible with the welfare of the children.
Applying these principles, the Payne child was allowed to be taken to New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
by the mother since otherwise the effect on her of being forced to stay in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
would be "devastating". This approach was followed again later in Re: B (Children) (Removal from Jurisdiction); Re: S (A Child) (Removal from Jurisdiction) (2003) (2003) 2 FLR 1043. LJ Thorpe said, in connection with two cases involving children being removed to Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
respectively, that to frustrate "natural emigration" risked the survival of the new family or blighted its potential for "fulfilment and happiness". He said:
- "Often there will be a price to be paid in welfare terms by the diminution of the children's contact with their father and his extended family."
He said that it was also possible for a father to take employment abroad after separation or to marry a foreigner and there would be the same loss of contact.
- "These are the tides of chance and life and in the exercise of its paternalistic jurisdiction it is important that the court should recognise the force of these movements and not frustrate them unless they are shown to be contrary to the welfare of the child."
Child Protection
Appointed in 2010 to head a working party of the General Medical CouncilGeneral Medical Council
The General Medical Council registers and regulates doctors practising in the United Kingdom. It has the power to revoke or restrict a doctor's registration if it deems them unfit to practise...
to consider and offer advice to doctors on matters relating to child protection. Controversially the convicted child-abductor and conspirator Penny Mellor was invited to join the party.