Kim Beatson & Victoria Brown discuss a range of child relocation options
- Re-thinking relocation
- The left-behind parent.
For many years, Payne v Payne [2001] EWCA Civ 166, [2001] All ER(D)142 was the leading case for setting out the presumptions in deciding relocation cases. It has now been overtaken in terms of importance by Re F (A Child) (International Relocation cases) [2015] EWCA Civ 882, [2015] All ER (D) 90 (Aug). In the Court of Appeal, Ryder LJ gave the leading judgment and a comprehensive review of Payne.
Re F involved a German mother who had moved to the UK to be with the English father. On breakdown of the relationship, she sought to return to Germany where she submitted she had family support. The judge at first instance granted her leave to remove and the father appealed. In summary, Ryder LJ held that welfare analysis is required and the welfare of the child is paramount and it requires each and every realistic option to be considered in a comparative evaluation.
The Payne exercise (mother’s motives
