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.
It has been another difficult few weeks for many of us, especially those who find themselves under tier 3 restrictions.
We have submitted our response to the White Paper Consultation based on the discussion held at the “Planning for the Future - what does this mean for affordable housing” webinar we held on Fri 9 Oct
Anthony Collins Solicitors is pleased to have been ranked as a Band 1 firm once again.
Since March 2020, commercial property owners and occupiers across many sectors, whether housing associations, charities, care providers or local authorities, have been impacted by the rules regulating how they deal with their tenants and their landlords. It seems each week there is a change in policy, regulation or legislation, governing how they must respond.
On 18 September 2020, the High Court gave its decision regarding the Judicial Review of Simply Learning Tutor Agency Ltd & Others v Secretary of State for Business.
A key element of the Bill is the establishment of a duty holder regime and requirement to maintain the ‘golden thread of information’ throughout the life cycle of high-risk residential buildings
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
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.