Family Law Hub

Relocation

Latest updates

  • The mother applied for permission to relocate the daughter permanently to Kazakhstan, the mother’s home country. The legal test to be applied was the principle of the paramountcy of the child's best interests. Mostyn J's conclusion was that the mother's application was premature, and should not be granted before an internal relocation to London had been tried. He also ordered that the case be transferred back to the Family Court, the circumstances having not justified its transfer to the High Court. Judgment, 27/11/2019, free
  • The children lived in England with their mother, an English journalist, and had regular and extended contact with their father, a Dutch government worker. The father applied to relocate the children to the Netherlands. Both were described as exceptional parents by the CAFCASS officer, who thus made no recommendation either way. HHJ Moradifar found both parents charming, intelligent and focused on their children's welfare, which was the paramount consideration. A lack of justification for interference with the current living arrangements led to the husband's application being dismissed, but the judge made a "joint live with order" that the children should live with their father during substantial parts of the holidays. Judgment, 12/11/2019, free
  • The mother appealed against an order that she pay £109,394 in respect of the father's costs of a previous appeal. She had dropped that previous appeal after an attempt to bribe a Russian police officer (to instigate criminal charges against the father) led to her imprisonment. King LJ found that the judge had the jurisdiction to make the order for costs, and had made a decision within the ambit of his discretion. However, counsels' fees were unreasonable, and the appeal was allowed on that ground. The sum to be paid was reduced to £78,144. Underhill LJ and Moylan LJ agreed. Judgment, 22/07/2019, free
  • The father applied for the summary return to Germany of his two-year-old daughter, after the mother did not bring her back from a holiday. However, the father had not applied in the German courts for custody or contact, nor had the mother applied for custody, and Mostyn J criticised them for instead "devoting all their forensic energy to fighting this procedural battle". He found that the father had acquiesced in Article 13.1(a) terms to the daughter's continued living in the UK, and it would be precipitate to order her summary return before the matter had been brought before a German court. Judgment, 03/06/2019, free
  • The mother made an application under the Hague Convention for the return of the son to New Zealand. The father had expressed concerns about the child's well-being in his mother's care. Darren Howe QC had to proceed on the basis that there was a risk of harm, but he noted that there had been improvements in the mother's parenting, and accepted her undertaking to prevent contact between her partner and the child. The father had not proved a grave risk of harm or an otherwise intolerable situation for the son and the defence therefore failed. An order would be made for the return of the son to New Zealand. Judgment, 08/05/2019, free

Latest know-how

Latest training

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item