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Moving along

31 March 2017 / Victoria Rylatt (formerly Brown) , Kim Beatson
Issue: 7740 / Categories: Features , Family
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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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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