In practice: The winds of change

Suzanne Todd examines family law developments during the millennium so far and what the future holds ‘It is essential for family lawyers to have a bank of highly regarded therapists, counsellors and coaches to whom they can refer clients to ensure that they have the expert advice that they need.’ The 21st century has seen …
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Relocation: Putting the pieces together

Rayner Grice provides a reminder of the courts’ approach to relocation, within the context of the increased variety and complexity of family life ‘The court will wish to see a well-considered plan that is well thought through, and most importantly is in the child’s best interests.’ Gone are the days when the nuclear family was …
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Relocation: Shall I stay, or should I go?

Lottie Tyler focuses on the potential impact of the Brexit vote on international child relocation ‘The lack of a child arrangements order does not negate the requirement to have the consent of the other parent to the relocation or alternatively leave of the court.’ Speculation regarding the impact on day-to-day life of leaving the EU …
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Relocation: Full picture

Jennifer Moore examines the approach of the courts on an application to relocate a child, and the factors that will be taken into account ‘The court will consider the positives and negatives of each available option for the child (or children) concerned, and then will undertake a parallel analysis of those options.’Case law sets out …
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Relocation: Same difference

Amy Harris examines the factors that will be considered by the courts on an application for the internal relocation of a child ‘Ultimately a decision on either internal or external relocation should solely be based on what is in a child’s best interests.’The Court of Appeal’s decision in Re C (Internal Relocation) [2015] is essential …
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Leave To Remove: Best made plans

Kim Beatson and Lehna Hewitt look at recent decisions on leave to remove and the factors that will be taken into account by the courts ‘In Re B (Children) Thorpe LJ stressed that each case was fact-dependent and that the applicant’s explanation for the planned relocation would be at the core of every case.’ Holman …
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International Focus: A permanent predicament

Lucy Marks and Vitaliy Eremin analyse the potential implications of the coming into force of the 1996 Hague Convention in the Russian Federation ‘The real work in implementing the 1996 Hague Convention is only now starting to take shape in the Russian Federation.’ When it comes to separation and divorce, family lawyers in this country …
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Leave To Remove: A storm in a tea cup?

Chrissie Cuming Walters contemplates Re K one year on and recent government proposals on parental rights It has been nearly a year since the Court of Appeal handed down its judgment in Re K (Children) [2011] – a judgment initially seen as a potential game-changer in relation to leave to remove applications, if not somewhat …
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Leave To Remove: No more Payne

Rachel Osgood looks at the impact of MK v CK on the guidelines in Payne v Payne on leave to remove ‘In considering the controversy surrounding Payne, Moore-Bick LJ suggested that it arose as a result of the failure to distinguish clearly between legal principle and guidance.’If you asked a family lawyer in recent years …
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Children: Geographical issues

Sarah Passemard and Helen Cort examine the Court of Appeal’s decision in Re F (Children: Internal Relocation) [2010] and consider whether it marks a change in the court’s approach to internal relocation cases ‘The test applied to a case for “purely local relocation” is less stringent than in a case where the application is for …
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