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 the
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