header-logo header-logo

29 September 2011 / Clare Renton
Issue: 7483 / Categories: Features , Family
printer mail-detail

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

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll