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International Family Law

The leading authority on international family law

30 OCT 2012

In the Matter of F (Child)

Jacqueline Renton

Barrister

Judgment of 3 October 2012 before Lord Justice Pill, Lord Justice Toulson and Lord Justice Munby

Ms Jacqueline Renton (instructed by Ellis Jones) for the respondent mother

The appellant father appeared in person

 

This is an important case that clarifies the law on relocation post the Court of Appeal decisions of Payne v Payne [2001] EWCA Civ 166 and K v K (Children: Permanent Removal from Jurisdiction) [2011] EWCA Civ 793.

 

Munby LJ (delivering the lead judgement) makes clear that the Payne v Payne guidance does not just apply to cases where the applicant is the primary carer, albeit that the weight to be given to the factors set out in the guidance is a matter for the trial judge and that ultimately the court's focus is the child's best interests.

 

Munby LJ also warns practitioners against entering into satellite litigation in relocation cases as to whether the case is a "K v K type case", "Payne v Payne type case" or "Re Y type case".

 

 

 

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