header-logo header-logo

Internal affairs

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll