Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

04 DEC 2012

International relocation, care arrangements and case taxonomy

Dr Rob  George

Barrister and Lecturer


Dr Rob George

University College, University of Oxford:

The decision in Re F (Child: International Relocation) [2012] EWCA Civ 1364, [2013] 1 FLR (forthcoming) dismissing a father's appeal against a decision to allow the mother to take the child to Spain, raises questions about international relocation law. This article discusses the judgment, suggesting a number of concerning aspects. In particular, the respondent father had been recognised as the child's primary carer, which makes the view of both the trial judge and Munby LJ that the guidance from Payne v Payne [2001] EWCA Civ 166, [2001] 1 FLR 1052 should apply to the applicant mother's proposals questionable. The article argues that there is value in seeking to avoid any categorisation of relocation cases based on the child's care arrangements. However, if the law is to reach that position, the authorities establishing the current taxonomy need to be addressed head on; and if there is to be a single approach, then it is unlikely that the Payne guidance can be the starting point, premised as it is on the applicant parent's status as the primary carer.

The full version of this article appears in the December 2012 issue of Family Law.

Family Law Online

Family Law Online

Get a FREE trial today! The fastest way to access the latest law reports, case law, commentary,...

Available in Family Law Online
Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Subscribe to our newsletters