header-logo header-logo

02 March 2018 / Victoria Rylatt , Kim Beatson
Issue: 7783 / Categories: Features , Divorce , Child law , Family
printer mail-detail

Relocation, relocation, relocation

nlj_7783_beatson

Kim Beatson & Victoria Brown discuss a range of child relocation options

  • Re-thinking relocation
  • The left-behind parent.

For many years, Payne v Payne [2001] EWCA Civ 166, [2001] All ER(D)142 was the leading case for setting out the presumptions in deciding relocation cases. It has now been overtaken in terms of importance by Re F (A Child) (International Relocation cases) [2015] EWCA Civ 882, [2015] All ER (D) 90 (Aug). In the Court of Appeal, Ryder LJ gave the leading judgment and a comprehensive review of Payne.

Re F involved a German mother who had moved to the UK to be with the English father. On breakdown of the relationship, she sought to return to Germany where she submitted she had family support. The judge at first instance granted her leave to remove and the father appealed. In summary, Ryder LJ held that welfare analysis is required and the welfare of the child is paramount and it requires each and every realistic option to be considered in a comparative

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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll