Internal relocation – avoiding the fait accompli: the difficulty of relocation cases

Julie Stather, Barrister, 1 Crown Office Row

Internal relocation presents the court with a starkly binary choice. For that reason such cases are often hard fought with parents perceiving that the result will be that one of them wins and one loses. This article explores the law on internal relocation and in particular the apparent opportunity of the relocating parent to 'steal a march' in the proceedings by effecting a so-called 'internal abduction'. The difficulty of the 'internal abduction' is examined along with suggestions to avoid the 'fait accompli'; namely the use of the Children Arbitration scheme and consideration of the pre-emptive use of Section 8 orders. 

The full article will be published in the January issue of Family Law. 

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Read the full article here.