header-logo header-logo

Home Login E-newsletter About us
18 March 2016 / Angelina Milon , Kim Beatson
Issue: 7691 / Categories: Features , Child law , Family
printer mail-detail

Moving on

© Copyright LexisNexis 2026. All Rights Reserved.
001_nlj_7691_beatson-milon

Kim Beatson & Angelina Milon provide an update on leave to remove cases

In the decade or so since Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb), the case law in this area has moved on with several eminent judges keen to leave their own imprint in this often tragic area of law.

Recent cases have rejected the idea that Payne sets out any presumptions in deciding relocation cases. They have emphasised that the only real principle to be taken from Payne is that the welfare of the child is paramount, whether it is statutorily required or not. These cases have focused the jurisprudence on the welfare of the child and the need to carry out a “holistic evaluative analysis” taking all factors relevant to relocation into account. K v K (Children permanent removal from jurisdiction) [2011] EWCA Civ 793, [2011] All ER (D) 67 (Jul) and Re F (Relocation) [2012] EWCA Civ 1364, [2012] All ER (D) 261 (Oct), contain the modern law on external relocation and are pointedly gender-neutral.

K v K

In the case of K v

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS
Read All
Legal notice: Notice under the Trustee Act 1925

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Emergency lawyers on call as international regulatory actions soar
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
NLJ this week: Employment law’s fine margins
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
NLJ this week: Promises broken on non-molestation orders?
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
NLJ this week: Assisted dying under the legal microscope
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
Copyright © 2026 LexisNexis
back-to-top-scroll