header-logo header-logo

20 January 2017 / Claire Sanders
Issue: 7730 / Categories: Features , Family
printer mail-detail

Internal affairs

nlj_7730_sanders

There is no general principle that a child should be summarily returned where one parent moves them from their home to another place in England & Wales, says Claire Sanders

  • In a domestic abduction case the welfare of the child is the court’s paramount consideration having regard to all the relevant features, including the matters listed in ChA 1989, s 1(3).

If, as the Court of Appeal confirmed in the 2015 decision in Re C (a child) (Internal relocation) [2015] EWCA Civ 1305, [2015] All ER (D) 211 (Dec), there is no reason to differentiate between the approach adopted in external and internal relocation cases and the authorities applicable to external relocation also apply to internal relocation how, if at all, would that decision then have an impact on cases where there has been a domestic abduction?

This question was fairly swiftly tested in Re R (a child) (domestic abduction) [2016] EWCA Civ 1016, [2016] All ER (D) 170 (Oct), in which the father argued that, in the light of Re C ,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll