header-logo header-logo

Relocation revisited

24 January 2019 / Kim Beatson , Victoria Rylatt (formerly Brown)
Issue: 7825 / Categories: Features , Family , Child law
printer mail-detail

Child relocation: Kim Beatson & Victoria Brown share an update & case law overview

The legal framework concerning child relocation is covered in impressive detail in the case of Re TC and JC (Children: Relocation) [2013] EWHC 292 (Fam), [2013] All ER (D) 316 (Feb), which was a mother’s application for leave to permanently remove two young children to Australia. It is quite an unusual case in that the parents had agreed that, whatever decision the judge made, the unsuccessful parent would travel to live in that country. So, it is not as heart-breaking as some other cases.

Mostyn J analysed the legal framework dealing with the milestone cases of Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb) , K v K (Children: permanent removal from jurisdiction) [2011] EWCA Civ 793, [2011] All ER (D) 67 (Jul), and the welfare principles enunciated by Munby LJ (as he then was) in Re F (a child) [2012] EWCA Civ 1364, [2012] All ER (D) 261 (Oct).

When considering

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