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05 December 2019
Issue: 7867 / Categories: Features
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The split: relocation & the child’s best interests

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Vanessa Friend provides a practical approach to international child relocation cases
  • Given the high stakes, the preparation required and the attendant cost, relocation applications are not for the fainthearted.

There is a fine art to relocation applications. The applicant must show the benefits to the child of moving abroad, whilst demonstrating that sufficiently good contact can be maintained with the left behind parent. The outcome of such cases is uncompromising, as Mr Justice Mostyn highlighted in NJ v OV [2014] EWHC 4130 (Fam): ‘The choices are starkly binary. One parent will lose and be bitterly disappointed. There is no scope for finding some comfortable middle ground.’

In this case the mother was successful in her application to relocate to Sweden. Mostyn J expressed his sympathy for the respondent father at para [70]: ‘This decision will compromise, up to a point, the father’s relationship with his daughter and that will be bitterly disappointing for him. As a human, I have to say I personally regret this a great deal.’

Given

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MOVERS & SHAKERS

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

Dorsey & Whitney—Mark Churchman

Dorsey & Whitney—Mark Churchman

Private equity specialist joins as partner in London

Haynes Boone—Philipp Kurek

Haynes Boone—Philipp Kurek

International arbitration practice bolstered by London partner hire

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
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