Child relocation: Kim Beatson & Victoria Brown share an update & case law overview
The legal framework concerning child relocation is covered in impressive detail in the case of Re TC and JC (Children: Relocation) [2013] EWHC 292 (Fam), [2013] All ER (D) 316 (Feb), which was a mother’s application for leave to permanently remove two young children to Australia. It is quite an unusual case in that the parents had agreed that, whatever decision the judge made, the unsuccessful parent would travel to live in that country. So, it is not as heart-breaking as some other cases.
Mostyn J analysed the legal framework dealing with the milestone cases of Payne v Payne [2001] EWCA Civ 166, [2001] All ER (D) 142 (Feb) , K v K (Children: permanent removal from jurisdiction) [2011] EWCA Civ 793, [2011] All ER (D) 67 (Jul), and the welfare principles enunciated by Munby LJ (as he then was) in Re F (a child) [2012] EWCA Civ 1364, [2012] All ER (D) 261 (Oct).
When considering these cases, Mostyn J sets out the governing principles which
