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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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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