header-logo header-logo

08 July 2010 / Clare Renton
Issue: 7425 / Categories: Features , Family
printer mail-detail

Rethinking relocation

Clare Renton supports calls for international consensus on relocation

Lord Justice Thorpe last week pointed out that in placing great weight on the reasonable wishes of the relocating custodial patent the English court was holding a line of English authority which had evolved over 40 years. He went on to say that the approach in England was not shared by a number of overseas courts and called for an International Convention to formulate a uniform approach. The full text of Thorpe LJ’s speech can be found at www.judiciary.gov.uk.

In March 50 judges and experts met in Washington at a conference organised by the Hague Conference on Private International Law and the International Centre for Missing and Exploited Children to agree guidelines in respect of international family relocation, including factors relevant to decisions. The Washington Declaration on International Family Relocation emerged. All agreed that in all applications concerning international relocation the best interests of the child should be the paramount (primary) consideration. Therefore, determinations should be made without any presumptions for or against relocation.

Domestic

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll