header-logo header-logo

Internal affairs

20 January 2017 / Claire Sanders
Issue: 7730 / Categories: Features , Family
printer mail-detail
nlj_7730_sanders

There is no general principle that a child should be summarily returned where one parent moves them from their home to another place in England & Wales, says Claire Sanders

  • In a domestic abduction case the welfare of the child is the court’s paramount consideration having regard to all the relevant features, including the matters listed in ChA 1989, s 1(3).

If, as the Court of Appeal confirmed in the 2015 decision in Re C (a child) (Internal relocation) [2015] EWCA Civ 1305, [2015] All ER (D) 211 (Dec), there is no reason to differentiate between the approach adopted in external and internal relocation cases and the authorities applicable to external relocation also apply to internal relocation how, if at all, would that decision then have an impact on cases where there has been a domestic abduction?

This question was fairly swiftly tested in Re R (a child) (domestic abduction) [2016] EWCA Civ 1016, [2016] All ER (D) 170 (Oct), in which the father argued that, in the light of Re C ,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll