International Relocation: Do We Stand Alone?

05 FEB 2010

FRANCES JUDD QC, Harcourt Chambers, and ROBERT H GEORGE, Jesus College, University of Oxford

An international relocation dispute arises when one parent wishes to move outside the UK with their child and the other parent objects. The law on international relocation in England and Wales has held steady since Payne v Payne [2001] EWCA Civ 166, [2001] 1 FLR 1052 and, indeed, since Poel v Poel [1970] 1 WLR 1469. The position in Payne, as amended in Re B (Removal from Jurisdiction); Re S (Removal from Jurisdiction) [2003] EWCA Civ 1149, [2003] 2 FLR 1043, deserves to be read in full to appreciate the nuances of the judgments of Dame Elizabeth Butler-Sloss P and Thorpe LJ, but the detail is not necessary for our purposes. This article forms part of an increasing debate about the continuing validity of relocation principles which have been followed now for nearly 40 years.

To read the rest of this article, see January [2010] Family Law journal.

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