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This article considers the impact of the Human Rights Act 1998 in cases where a parent wishes to remove a child from the jurisdiction, against the wishes of the other. It argues that the courts have failed to take into account adequately the impact of the human rights reasoning in this case. The 1998 Act requires the courts to assess the competing interests of all the relevant parties, rather than considering solely the welfare of the child. In balancing the competing rights the courts should consider the extent to which the decision to relocate or not to relocate will interfere with the parties' right to autonomy, to live out their vision of the 'good life'. It is argued, however, that even adopting a human rights based approach, leave should normally be granted to a resident parent who has good reasons to relocate.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...