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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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