Relocation - Should I stay or should I go? Is change afoot in child relocation cases?
Family
News | 29 August 2010
Should I stay or should I go? Is change afoot in child relocation cases?
Momentum appears to be building for a change in the English courts’ approach to granting permission for parents to permanently relocate abroad with children.
If the primary carer of a child (usually the mother) wishes to move permanently abroad with that child she requires the consent of the child’s father, failing which the parent can apply to court for an order granting permission for the child to be relocated. The longstanding practice of the English courts has generally been to permit relocation, providing the relocating parent’s plans were not obviously impractical, on the basis that refusing permission would have a psychological and emotional impact on the mother that was not in the child’s best interests.
For the father left behind, relocation to far flung countries such as Australia or New Zealand can result in a complete breakdown of contact.
Critics say the current permissive approach of the courts is out of step with the growing recognition of the importance of co-parenting and the increasing tendency of the courts to support shared care arrangements.
If the current momentum for change is maintained it may not be long before the current approach has to be considered by the Supreme Court.
