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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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