A changing tide in change of residence?

Kate Armstrong Dere Street

Following the High Court decisions in Re L [2019] EWHC 867 (Fam) and Re H [2019] EWHC 2723 (Fam) last year there has been a distinct shift of mood in private law proceedings away from the ‘last resort’ approach to change of residence arguably bringing jurisprudence in line with the available psychological research. Leaving aside whether ‘parental alienation syndrome’ is an identifiable syndrome or a useful label for a bundle of behaviours the courts have chosen to refocus on the welfare needs of the child and how these can best be met with a consequent renewed emphasis on allowing and promoting a relationship with both parents. This is of course firmly in line with the statutory presumption in s 1(2A) CA 1989 that such a dual relationship will be in the child’s best interests.

This article proposes to outline the 2019 judgments of Re Lhere.