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07 April 2011
Issue: 7460 / Categories: Case law , Law digest
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Family

Re W (children) (relocation: removal outside jurisdiction) [2011] EWCA Civ 345, [2011] All ER (D) 337 (Mar)

A first instance judgment could only be interfered with if the appeal court was satisfied that the judge below had committed a sufficient error of law in the balancing exercise to vitiate his exercise of discretion.

The questions that had to be determined when considering relocation were whether the mother’s application was genuine and whether her application was realistic. A decision as to relocation fell to be taken on what the court perceived to be in the best interests of the children concerned.

Relocation cases had to be decided upon the application of two propositions:

(a) the welfare of the child had to be the paramount consideration; and

(b) refusing the primary carer’s reasonable proposals for the relocation of her family life was likely to impact detrimentally on the welfare of her dependent children. The balancing exercise had to be carried out on the facts of the particular case. Further, where the motivation of the relocating parent was found by the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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