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29 September 2011 / Clare Renton
Issue: 7483 / Categories: Features , Family
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Relocation: where are we now?

Clare Renton reports on a sea change in international relocation cases

The decision of the Court of Appeal in MK v CK [2011] EWCA Civ 793, [2011] All ER (D) 67 (Jul) has further eroded what was regarded by practitioners as principle in relocation cases. In effect the likely distress to the mother from refusal of permission to relocate over other aspects of the welfare checklist is no longer elevated. What was established in Payne v Payne as principle is now mere guidance (see [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb)).

Case background

In MK a Canadian mother of children aged four and two wished to return home to Canada after the breakdown of her marriage. The father had care of the children five days in a 14-day cycle or 35.7% of the time. The CAFCASS report recognised that the mother felt isolated and lonely in England but recommended on balance that the application should be refused: the damage to the children arising from the inevitable reduction

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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