MK v CK (Children: Permanent Removal from Jurisdiction) [2011] EWCA Civ 793 – Law Journals

Immigration: Conflicting views

Sital Fontenelle and Katie Newbury submit that provision in the Immigration Rules as to sole responsibility is outdated and at odds with the Children Act 1989 ‘Even in cases where a foreign court order has been obtained showing that the UK parent has legal custody of the child, the Home Office is still refusing applications.’ …

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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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Private Children: A holistic approach

Joanne Hall summarises the factors considered in a case concerned with both leave to remove and allegations of domestic abuse ‘Regarding the credibility of parties, R v Lucas is still good law, in that a conclusion that a person is lying or telling the truth about point A does not mean that they are lying …

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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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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: 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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