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Relocation

A Practical Guide

FROM £65.00

An indispensable guide for anyone working in this complex and fast-changing area of law and practice

Relocation disputes arise between separated parents when one of them proposes to move to a different geographic location with their child and the other parent objects to the plan. Whether the proposed move is within the United Kingdom or international, the consequence of either allowing or refusing a relocation application is usually of the greatest importance to the parents and children involved. Relocation: A Practical Guide offers practitioners and parents a comprehensive handbook on the law and practice which is needed to successfully handle any relocation dispute, whether it ends up in court or not.

Written in an accessible style by a team of experienced specialists, Relocation: A Practical Guide explains the entire process of dealing with a relocation case. After a detailed discussion of both international and internal relocation law (including case examples and key summaries), the book moves step by step through the entire process of a case, from first discussions to final hearings and appeals. Essential relocation cases and relevant Practice Directions are also contained in the appendices, making this an indispensable guide for anyone working in this complex and fast-changing area of law and practice.

This new edition includes:

  • Full updating of the procedure and terminology in the light of the 2014 legislative changes
  • Inclusion of the latest research data about relocation disputes
  • Updates to all case-law discussion, taking into account the latest developments including Re F (International Relocation Cases) [2015] and Re C (Internal Relocation) [2015]
  • Greater detail on less common issues which can arise in a relocation case, including discussion of questions and the relevance of a previous abduction or unsuccessful relocation application
  • Additional discussion of the practicalities of complying with the formalities of the Brussels II Revised Regulation in terms of creating orders which are enforceable across the EU
  • Analysis of issues to do with jurisdiction and habitual residence relevant to international relocation disputes
  • More detailed information on where to obtain particular kinds of expert advice which can be needed in relocation cases
  • Additional discussion of temporary relocation applications in the light of recent case-law
  • A fully revised chapter on appeals, taking into account the courts' changed approach following the Supreme Court decision in Re B (Care Proceedings: Appeal) [2013]
  • Fully revised appendices with new case extracts, updated practice directions and expanded sample materials
Endorsements
Foreword
Introduction
Biographical Details
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European and International Legislation


What is Relocation?
  • The context of relocation disputes
    •   Factual context 
    •   Legal context 
    •   Relocation and other parenting issues 
    •   Relocation and gender
  • Debates about relocation law
  • Relocation research
  • Conclusion
Relocation Law
  • General principles relevant to relocation cases
  • Guidance in family law cases 
  • The main approach to relocation cases 
  • Specific issues which can arise in relocation cases
    •   Care arrangements 
    •   Older children 
    •   Illegitimate motivation by applicant 
    •   Previous abduction or unsuccessful relocation application 
    •   Immigration issues 
    •   Public law/child protection issues 
  • Issues that apply if international relocation is to occur 
  • Issues that apply if internal relocation is to occur
    •   Moves within England and Wales 
    •   Moves to Scotland or Northern Ireland 
Bringing a Relocation Application: Things to Think About Before You
Start

  • Things to think about at the outset 
  • Considering the basics: where, when and why 
  • Detailed plans for a relocation application
    •   Going home cases 
    •   Specific opportunity cases 
    •   New partner cases 
    •   Lifestyle cases 
    •   Get away cases 
  • Planning for a relocation 
  • Information and practicalities 
  • The child’s wishes and feelings 
  • Talking to the other parent and trying to reach an agreement without litigation 
  • When to get help 
  • Case study 
Opposing a Relocation Application: Things to Think About Before
You Start

  • Things to think about at the outset 
  • Considering the alternatives 
  • Assessing the applicant parent’s proposals – what to look for 
  • The child’s wishes and feelings 
  • Talking to the other parent and trying to reach an agreement without litigation 
  • When to get help 
  • Case study 
Bringing a Relocation Application
  • Deciding whether to make a formal application 
  • Preparing an application 
  • Domestic violence 
  • From issue to the first hearing dispute resolution appointment 
  • The first hearing dispute resolution appointment 
  • Between the first hearing dispute resolution appointment and the final hearing 
  • Cafcass/independent social worker 
  • The dispute resolution appointment 
  • The final hearing 
  • The court order 
  • After the final hearing
    •   If the relocation is allowed 
    •   If the relocation is refused
    •   Longer term issues 
Opposing a Relocation Application
  • Responding to an application
  • Situations which are urgent
  • After the application has been issued
  • The first hearing dispute resolution appointment
  • Setting out a case in response to a relocation application
    •   General practicalities
    •   Motivation
    •   The children’s relationship with the respondent
    •       Cases where there has been little or no previous conflict/acrimony over the children
    •       Cases where there has been previous conflict/acrimony over the children
  • Cafcass/independent social worker
  • The dispute resolution appointment
  • The final hearing
  • The court order 
  • After the final hearing
    •   If the relocation is allowed
    •   If the relocation is refused
    •   Longer term issues
Temporary and Interim International Relocation
  • Short temporary moves to EU and Hague Convention countries
  • Short temporary moves to non-EU and non-Hague Convention countries 
  • Longer temporary removals
  • Interim leave to remove a child from the jurisdiction
Appeals
  • Appeals – the law
    •   Permission to appeal
    •   The substantive appeal
      •     What is meant by the decision being ‘wrong’ 
      •     Procedural error or error of law
      •     Overlooking relevant factors or considering irrelevant ones
      •     Insufficient reasons for decision
  • Appeals – procedure
    •   Applying for permission to appeal
    •   Applying for a stay
    •   General points 
  • Responding to an application for permission to appeal
  • The hearing of appeals
  • Second appeals 
Appendix 1 - Extracts from Key Legislative Provisions
  • Children Act 1989 
  • Brussels IIa Regulation, Council Regulation (EC) 2201/2003 
Appendix 2  - Extracts from Key Practice Directions
  • Practice Direction 3A Family Mediation Information and Assessment
  • Meetings (MIAMS) 
  • Practice Direction 12B Child Arrangements Programme 
  • Practice Direction 16A Representation of Children 
Appendix 3 - Extracts from Key Permanent Relocation Cases
  • Payne v Payne [2001] EWCA Civ 166, [2001] 1 FLR 1052 
  • Re L (Internal Relocation: Shared Residence Order) [2009] EWCA Civ 20, [2009] 1 FLR 1157 
  • K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793, [2012] 2 FLR 880 
  • Re F (Relocation) [2012] EWCA Civ 1364, [2013] 1 FLR 645 
  • Re F (International Relocation Cases) [2015] EWCA Civ 882 
  • Re C (Internal Relocation) [2015] EWCA Civ 1305 
Appendix 4 - Extracts from Key Temporary Relocation Cases
  • Re A (Security for Return to Jurisdiction) (Note) [1999] 2 FLR 1 (FD) 
  • Re R (Prohibited Steps Order) [2013] EWCA Civ 1115, [2014] 1 FLR 643 
  • Re C-W (Holiday in USA) [2015] EWCA Civ 1272 
Appendix 5 - Sample Application and Response Materials
  • Sample C100 Application form relating to the Case Study in Chapter 4 
  • Sample C2 Cross-application response form relating to the Case Study in Chapter 4 
  • Sample Annex II Certificate under the Brussels IIa Regulation 
  • Sample Annex III Certificate under the Brussels IIa Regulation 
Appendix 6 - Signatories to the 1980 and 1996 Hague Conventions
  • List of Contracting States of the Hague Convention on the Civil Aspects of International Child Abduction 1980 
  • List of Contracting States of the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children 1996 
Bibliography 
Index
"With increasing globalisation and therefore greater job mobility, the title of this book, "Relocation", becomes all the more significant - and the difficult matters referred to, all the more urgent ...

'Relocation' both explores and explains the entire legal process involved in settling disputes between separated parents, one of whom wishes to relocate to a different country, or geographic location, despite vehement opposition from the other. At the heart of these difficulties is the welfare of the child or children involved. The four authors, all of whom have extensive experience in this field, warn us that these are serious difficult matters.

In her excellent Foreword, Black LJ refers to the difficulties of trying a relocation case, especially one involving international boundaries. 'Often no one has done anything wrong,' she says. 'They simply have the misfortune that one parent wants to move with children to live somewhere else a long way away, for reasons which seem good ones. There are no winners and there is frequently a great deal of sadness all round',

Considering the complexities and sensitivities inherent in this area of law, having this book to hand as a ready reference virtually places an expert advisor at your fingertips - four advisors in fact - each a specialist in this particular field. And actually, you don't need to be a family lawyer to read, note and inwardly digest the sensible and well informed advice offered, especially as the authors have been careful to make the content of the book as accessible to parents as it is to practitioners ..."


Read the full review

An appreciation by Phillip Taylor MBE and Elizabeth Taylor


In her excellent Foreword, Black LJ refers to the difficulties of trying a relocation case, especially one involving international boundaries. 'Often no one has done anything wrong.' she says. 'They simply have the misfortune that one parent wants to move with the children to live somewhere

‘The law and practice relating to relocation applications, international and internal, is plainly and comprehensively explained. There is critical discussion of the state of the law and consideration of how it is developing or may develop … What will make the book invaluable to many readers is the down to earth practical advice that punctuates it. It will assist lawyers and parents alike in what to do from the earliest stage when a move is contemplated to the moment when, if it comes to that, the judge determines the relocation application and even thereafter.’
The Rt Hon Lady Justice Black, Judge of the Court of Appeal

‘This book is a triumph for the multidisciplinary approach, encompassing the intellectual breadth and depth to be expected from one of the leading academics in the relocation field, comprehensive and eminently sensible advice from one of London’s top children law solicitors, and the first instance and appellate savvy to be expected from highly experienced leading and junior counsel from a set known for its expertise in international children law … It is on any basis an excellent book and, frankly, anyone practising or litigating within the relocation field would be well advised to have it.’
Piers Pressdee QC, Barrister, 29 Bedford Row

‘A distinctive and very powerful feature of this work is its academic/practitioner collaboration, impressively situating ‘relocation law’ within current academic research and debates, while maintaining a clear exposition of law and practice issues for the busy practitioner. The book imparts considerable and valuable practitioners’ expertise and experience, and includes an appendix of useful materials. This new, fully updated and expanded, edition includes a new section on research findings, and new topics such as public law and immigration law elements of ‘relocation’. Informed by scholarship and practical experience, Relocation: A Practical Guide is a book whose format and style should be a model for future practitioner works of this nature.’
Stephen Gilmore, Professor of Law, King’s College London
In the 3 years since we wrote the first edition of Relocation: A Practical Guide, major changes have taken place in relocation law. The most dramatic was the Court of Appeal’s decision in Re C (Internal Relocation) in December 2015,1 which swept away the old authorities on internal relocation and said that the same approach should be adopted to any relocation application, regardless of whether the proposed destination is within the UK or abroad. That case necessitated a complete re-writing of parts of this book, though other developments have caused us to think carefully about what we are saying and how we are saying it. In addition to the re-structuring following Re C, other changes to this edition include:

  • full updating of the procedure and terminology in the light of the 2014 legislative changes
  • inclusion of the latest research data about relocation disputes
  • updates to all case-law discussion, taking into account the latest
  • developments
As previously, this book’s main intended audience is family solicitors, barristers and judges, as well as others who need to know about the law and practice of relocation disputes such as Cafcass officers and independent social workers. We also know that the first edition of the book was used by parents who do not have a lawyer, whether just in the early stages of their relocation dispute before they have sought legal advice, or all the way through if they proceed without legal representation, and we hope that this fully revised second edition is useful to them as well.

To those parents and other family members who read this book, we would say that we know from experience how deeply upsetting and fraught most relocation cases are, both for the parents and for the children. Our focus here is on the legal issues relating to relocation disputes, but we have kept well in mind how serious these cases are, and how much the consequences of the decision, either way, affect the children, parents and wider family members involved.

For the most part, Relocation: A Practical Guide is focused on practical issues relevant to the process of bringing or defending a relocation case, but we start off with two background chapters. The first is about the context of relocation cases, and the second is an overview of the law itself. Some readers will not have need of those opening chapters, but that discussion, of course, forms an important part of the background against which the rest of the book should be understood.

We have also included reasonably lengthy appendices in which we lay out relevant statutory provisions, extracts from cases and other materials (including key Practice Directions, sample C100 and C2 forms and sample Annex II and Annex III certificates for Brussels IIa cases) that we think will be useful to practitioners. The cases that we have extracted are, we think, the most useful for understanding the law itself; but inevitably they do not address all the issues that might arise in a relocation case, and we do not suggest that they are the only authorities that would be needed in many cases. We also cross-refer between chapters when an issue is dealt with more fully elsewhere so as to minimise the extent to which we repeat ourselves.

The body of the book (Chapters 3 through 8) focuses on practicalities. Four of the chapters (3, 4, 5 and 6) are in pairs, which look at pre-court and then court issues from the perspective of applicants and respondents in turn. We imagine that most readers will look at both ‘sides’ of the pairings, but in order to make each chapter free-standing there is inevitably some repetition between the chapters.

Insofar as possible, we have endeavoured to make sure that the law as stated in this book is accurate as of 16 February 2016. However, the law is constantly changing, and no reliance should be placed on the law as stated here. 

  • greater detail on less common issues which can arise in a relocation case, including discussion of immigration questions and the relevance of a previous abduction or unsuccessful relocation application
  • additional discussion of the practicalities of complying with the formalities of the Brussels IIa Regulation in terms of creating orders which are enforceable across the EU
  • analysis of issues to do with jurisdiction and habitual residence relevant to international relocation disputes
  • more detailed information on where to obtain particular kinds of expert advice which can be needed in relocation cases
  • additional discussion of temporary relocation applications in the light of recent case-law, and a new section on interim relocation applications
  • a fully revised chapter on appeals, taking into account the courts’ changed approach following the Supreme Court decision in Re B (Care Proceedings: Appeal) 
  • fully revised appendices with new case extracts, updated practice directions and expanded sample materials
We have all been involved in writing and revising the entirety of this book, but the primary division of responsibility has meant that RG focused on Chapters 1, 2 and 8, as well as Appendices 1 through 4; FJQC focused on Chapters 5, 6, and 8; DGQC focused on Chapters 5, 6 and 7, along with Appendix 6; and AW focused on Chapters 3 and 4, along with Appendix 5. We are grateful to our Research Assistant, Jack Palmer-Coole, even though court developments meant that we kept having to re-write things every time he thought he had finished.

We would also like to thank Greg Woodgate and his team for their support and patience while we prepared this new edition. 

Finally, we would like to offer our renewed thanks to the Rt Hon Lady Justice Black for graciously writing the foreword to this book.

Dr Rob George
Frances Judd QC
Damian Garrido QC
Anna Worwood
16 February 2016
I am pleased to welcome this second edition of Relocation: A Practical Guide. Much has happened in relation to relocation law since the first edition was published and the authors have brought all those developments together in this valuable contribution to the field of family law.

The authors set out to reach a diverse audience including lawyers, parents who want to relocate with their child or who want to oppose a relocation, and other professionals involved in the legal process. This is a tall order but they have succeeded in fulfilling it.

The law and practice relating to relocation applications, international and internal, is plainly and comprehensively explained. There is critical discussion of the state of the law and consideration of how it is developing or may develop. Contained in appendices are extracts from important source material of various kinds including the Children Act 1989, the Family Procedure Rules 2010 and significant decided cases.

What will make the book invaluable to many readers is the down to earth practical advice that punctuates it. It will assist lawyers and parents alike in what to do from the earliest stage when a move is contemplated to the moment when, if it comes to that, the judge determines the relocation application and even thereafter.

Any judge who has ever tried a relocation case, particularly one involving international boundaries, knows how difficult it is to resolve such a dispute without there being fundamental damage to some or all members of the family involved. Often no one has done anything wrong. They simply have the misfortune that one parent wants to move with the children to live somewhere else a long way away, for reasons which seem good ones. There are no winners and there is frequently a great deal of sadness all round.

Perhaps one of this book’s greatest contributions will therefore turn out to be in enabling parents to look constructively at their plans for their children and to avoid litigation about where, geographically, they are going to live. How sensible it is to point out, as the authors do, that one needs to have an eye to the future before becoming embroiled in an issue of this kind, asking oneself what life will be like after the case is over and what the impact of litigation on the family finances may be. What wise advice it is to suggest that parents talk to each other at an early stage and that they listen to what their children have to say, taking care to keep the right side of the fine line that has to be walked when deciding how and when to broach the subject of a move with them. If the book succeeds in helping parents to reflect upon whether their decision to seek to relocate or to oppose a relocation has been taken carefully and after all the options have been properly weighed, it will have achieved a great deal.

Jill Black
Rt Hon Lady Justice Black
March 2016

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