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08 July 2010
Issue: 7425 / Categories: Legal News
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Child relocation

Lord Justice Thorpe has called for international consensus on the laws concerning relocation of children.

In a speech to London Metropolitan University last week, Thorpe LJ asked whether common principles could be agreed internationally on the relocation of children.

Uniformity of approach would help parents take responsible decisions about relocation and discourage them from abducting or unlawfully removing their children, he said. Moves to debate the issue of an international law of relocation are gathering momentum and a conference was held on the topic in Washington in March.

Thorpe LJ considered UK case law and the impact of the Human Rights Act, acknowledging the arguments of father’s groups that times may have changed. For example, the courts take into account that “the harmful impact on the mother is taken to be harmful to the child”, an idea which has been criticised by father’s groups as “matricentric and discriminatory”, he said.

“Given that the principle is not derived from expert evidence nor from many research studies in this jurisdiction the challenge cannot be lightly dismissed. The emergence of the principle needs to be seen in the context of social tides that were moving some forty years ago.”
 

Issue: 7425 / Categories: Legal News
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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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