header-logo header-logo

Relocation relocation

11 March 2011 / Kim Beatson , Shelley Cumbers
Issue: 7456 / Categories: Features , Child law , Family
printer mail-detail

Leave to remove: no longer the carer’s prerogative, ask Kim Beatson & Shelley Cumbers

It used to be widely believed in legal and other circles that a primary carer (usually the mother) who sought leave to remove her children permanently from the jurisdiction would succeed providing her plans were coherent and sensible.

Payne v Payne [2001] EWCA Civ 166 is still classed as the leading authority on relocation cases and involved the Court of Appeal reviewing a long line of authority going back more than 30 years to the case of Poel v Poel [1970] 1 WLR 1469, [1970] 3 All ER 659. Prior to Payne the guiding principle was based upon a presumption in favour of granting a reasonable and properly thought out application. Payne considered this presumption and established a new procedure for relocation cases.

In Payne, the father was British and the mother was a New Zealand citizen. She applied for leave to remove their four-year-old daughter to New Zealand and at first instance HH Judge Langan allowed

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