header-logo header-logo

Moving forward?

21 July 2011 / Jonathan Herring
Issue: 7475 / Categories: Features , Family
printer mail-detail

Does MK v CK mark a new start for child relocation, asks Jonathan Herring

A couple separate. The children live with the mother and have contact with the father. The mother applies to the court for leave to move with the children to Canada. What should be done?

Cases of this kind have become increasingly common given rising rates of international travel and migration. Since 1991, the law in this area has been dominated by the decision of the Court of Appeal in the infamous decision in Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb). It held, uncontroversially, that the welfare of the children was the court’s paramount consideration in deciding such applications. However, the court went on to issue guidance in applying the welfare principle in these cases. Where the proposed relocation of the resident parent (normally the mother) was reasonable then the court would normally grant leave to relocate. The proposal would be regarded as reasonable where there was a good reason for it (eg the mother was

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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