We are joined by Charles Hale KC (4PB) and Tammy Knox (Pennington Manches Cooper) to discuss relocation.
Charles and Tammy consider the law and principles applied in these cases. They point out that the law is the same for internal and external relocation cases, as set out in Re C (Internal Relocation), Re [2015] EWCA Civ 1305, where Charles and PMC were successful in the Court of Appeal:
https://www.bailii.org/ew/cases/EWCA/Civ/2015/1305.html
However, they both agree that the welfare evaluation can be different.
Charles and Tammy discuss the impact of domestic abuse and alienating behaviours. They discuss C, Re (Parental Alienation: Permanent Removal to Germany) [2023] EWHC 1955:
https://www.bailii.org/ew/cases/EWHC/Fam/2023/1955.html
They make the point that practitioners should not shy away from dealing with financial plans, as cases can be made, or challenged on whether there is sufficient finance available.
Charles and Tammy caution us to make sure the rules around mediation are really clear, particularly if the mediation is abroad so that clients know what is without prejudice
Charles mentions research by Professor Marilyn Freeman: