The Payne Threshold: Leaving the Jurisdiction

10 OCT 2005

District Judge Glenn Brasse. Over the past thirty five years an approach has emerged in cases concerning the permanent removal of children from the jurisdiction by the parent with care, namely that where a reasonable decision has been taken by that parent to move, the court should interfere only where it is shown to be contrary to the children's best interests so to do. District Judge Glen Brasse goes through the cases, in particular Payne v Payne [2001] 1 FLR 1052, and comes to a conclusion about the correctness of the approach. See October [2005] Fam Law 780 for the full article.

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