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Moving on

18 March 2016 / Angelina Milon , Kim Beatson
Issue: 7691 / Categories: Features , Child law , Family
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Kim Beatson & Angelina Milon provide an update on leave to remove cases

In the decade or so since Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb), the case law in this area has moved on with several eminent judges keen to leave their own imprint in this often tragic area of law.

Recent cases have rejected the idea that Payne sets out any presumptions in deciding relocation cases. They have emphasised that the only real principle to be taken from Payne is that the welfare of the child is paramount, whether it is statutorily required or not. These cases have focused the jurisprudence on the welfare of the child and the need to carry out a “holistic evaluative analysis” taking all factors relevant to relocation into account. K v K (Children permanent removal from jurisdiction) [2011] EWCA Civ 793, [2011] All ER (D) 67 (Jul) and Re F (Relocation) [2012] EWCA Civ 1364, [2012] All ER (D) 261 (Oct), contain the modern law on external relocation and are

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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