there may be trouble ahead...
A recent radio interview of Lord
Justice Thorpe on Radio 4's Today programme, highlighted
the emotional issue of children relocating abroad with one
parent and the difficulty judges have in determining if
children should be allowed to go, leaving the other parent
behind.
LJ Thorpe is the judge often quoted as giving leading
guidance in the case of Payne, in determining the factors
to be weighed up in deciding if such an application should be
allowed. This recent interview, however, stated that he was
concerned that we are still applying this judge-made-law and views
from the 1970s in the Court of Appeal, which is not
followed in other jurisdictions. His view is that we need an
international debate about when such relocation should be allowed
and international protocols put in place (similar to in child
abduction situations) to provide more certainty within the
international forum. It is likely on this basis, he feels, that the
English/Welsh approach would have to be moderated and more emphasis
would have to be given to the contact that would be possible
for the remaining parent. Obviously in any case it is a
difficult task to balance the remaining parent's contact with
the other parent's desire to relocate.
Should you need advice or
assistance when relocating with a child from a previous
relationship, we are happy to offer advice and assistance on the
application process and the considerations the court currently take
into account in deciding if such an application should be
allowed.
