header-logo header-logo

31 March 2017 / Victoria Rylatt , Kim Beatson
Issue: 7740 / Categories: Features , Family
printer mail-detail

Moving along

Kim Beatson & Victoria Brown provide an update on leave to remove

  • The recent case regarding external relocation, M v F [2016] EWHC 3194 (Fam), confirmed that the children’s welfare was the paramount consideration and that the factors considered in Payne were “merely a checklist of factors which will or may need to be weighed in the balance”.
  • In Re R (a child) (domestic abduction) [2016] EWCA Civ 1016, [2016] the court rejected the submission that the approach taken in international abduction cases should be adopted in domestic abduction cases.

Recent cases have rejected the idea that Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb) sets out any presumptions in deciding relocation cases. They have emphasised that the only real principle to be taken from Payne is that the welfare of the child is paramount, whether it is statutorily required or not. These cases have focused the jurisprudence on the welfare of the child and the need to carry out a “holistic valuative analysis” taking all factors relevant to relocation

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll