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03 March 2021 / Kim Beatson , Victoria Rylatt
Issue: 7923 / Categories: Features , Family , Child law
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Child relocation in review

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Kim Beatson & Victoria Brown analyse recent relocation cases & lay out some practical advice
  • Overview of the legal framework surrounding relocation and an update on relevant case law, including the position in the UK post-Brexit.
  • Practical matters and making the application.

Child relocation cases are difficult, often finely balanced cases with everything to win and lose. These are expensive to run and require detailed preparation by the applicant (see box out). The legal framework is covered in impressive detail in the case of TC and JC (Children: Relocation), Re [2013] EWHC 292 (Fam), [2013] All ER (D) 316 (Feb), which was a mother’s application for leave to permanently remove two young children to Australia. It is quite an unusual case in that the parents had agreed that, whatever decision the judge made, the unsuccessful parent would travel to live in that country. So, it is not as heart-breaking as some other cases.

In TC and JC, Mr Justice Mostyn analysed the legal framework, dealing with

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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