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

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

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll