In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
Traditionally, a parent wishing to relocate to another part of the country could usually do so, unless “exceptional circumstances” existed. Where a parent wanted to relocate abroad, the consideration was very different. In these circumstances the Court would have to weigh up a number of factors concerning the parent who wished to move, their motivation for moving and the effect on both parents (and of course the child) if the move did or did not take place.
More recently, we have seen the two strands of case law move closer together with international relocation cases placing less emphasis on existing guidelines, while internal relocation cases appear to have now dropped the ‘exceptionality’ requirement.
It now appears that the two strands are intertwined with one another, and a common approach has all but emerged. So what is the common approach and how should such applications be considered?
At the outset, when considering either an internal or international relocation, a primary consideration will be the welfare principle . The welfare principle essentially means that a court will order whatever it feels is best for the child. When considering the welfare principle, the Court will carefully consider the child's wishes and feelings as well as their interests. Having done so, they will still (in appropriate cases) consider the historical checklist but only as part of the overall balancing exercise.
In reality, it is likely that the Court will look positively upon both internal and international relocations which are requested by a primary carer provided it is well thought out, they have made reasonable proposals for the child to see the “left-behind” parent and there are no welfare grounds that concern the Court. That said, the Court will be loathed to make orders allowing such relocations where the move was motivated by malice or would otherwise significantly disrupt the relationship between the “left-behind” parent and the child. It is likely that where such applications are successful, robust and extensive contact requirements will be ordered by the Court, with safeguards attached to those orders to ensure the relationship to be maintained.
If you have any questions arising from the issues discussed in this article, please contact Chris Lloyd-Smith.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
Residents are now unable to make applications to prohibit landlords from seeking to recover the cost of legal proceedings through the service charge on behalf of other residents, without consent.
Natalie Barbosa summarises some of the legal challenges facing fundraisers in the charity sector.
We hosted a breakfast roundtable with Insider Midlands magazine that had attendees from a range of organisations addressing housing needs in the Midlands. The discussion explored JVs in more detail.
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.