header-logo header-logo

Relocation, relocation...

20 February 2015 / Kim Beatson
Issue: 7641 / Categories: Features , Family
printer mail-detail
beatson_0

Kim Beatson provides a round-up of leave to remove cases

Mr Justice Holman described international relocation cases as the “hardest of dilemmas” in the case of S v Z (Leave to Remove) [2012] EWHC 846 (fam), [2012] 2 FLR 581. These cases are difficult and painful for all concerned but travel between countries is an important part of everyday life and some would say that unrestricted movement from country to country is fundamental to our concept of freedom.

Payne v Payne [2001] EWCA Civ 166, [2001] Fam 473 is still the leading authority on relocation cases. Prior to Payne the guiding principle was based upon a presumption in favour of granting a reasonable and properly thought out application. Payne set out a new procedure for relocation cases and Dame Elizabeth Butler-Sloss stressed that “there is no presumption in favour of the applicant, but reasonable proposals made by the applicant parent, the refusal of which would have adverse consequences upon the stability of the new family and therefore an adverse effect upon the welfare of the

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
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
back-to-top-scroll