Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
emma.reitano@lexisnexis.co.uk.
Camberley to Carlisle: where are we now on internal relocation?
© Copyright LexisNexis 2024. All rights reserved.
The recent decision of the Court of Appeal in
Re C (Internal Relocation) [2015] EWCA Civ 1305 [2016] 1 FLR (forthcoming and reported at [2016] Fam Law 284) on the principles governing internal relocation of parents and children within the UK provides a timely opportunity to re-examine the legal principles which automatically govern such moves. It is important to appreciate that
Re C only applies where a dispute between parents escalates to such an extent that the matter is litigated. The great majority of parents post-separation will take these decisions without recourse to the courts. In doing so they must act within the statutory regime laid down by Parliament particularly (but not exclusively) in the Children Act 1989.
Re C follows hot on the heels of the court's decision in
Re F (International Relocation Cases) [2015] EWCA Civ 882 governing international relocation. Although both decisions contain a great deal of technical legal argument they both come down to endorsing a broad welfare-based evaluation of the pros and cons of a move judged from the child's position and not that...
Read the full article here.
