When a couple with a child are no longer living together, the court sometimes has to decide whether one of them, usually the mother, should be allowed to move abroad taking the child with her. A recent case in the Court of Appeal placed renewed emphasis on the welfare of the child and warned that guidance given by the Court of Appeal in a previous case should not be followed slavishly - the earlier guidance had led to a lot of 'relocation' applications being granted.
The recent case involved an element of shared care. The position now appears to be that the closer the arrangements are to the child being looked after 50:50 by the parents, the harder it will be for one of the parents to persuade the court to be allowed to take the child to live abroad. It is important to remember however that every case turns on its facts.
Every week, usually on a Monday, I post my movements for the coming week - when I'm in the office and when I'm out, for example at court. At the same time I post a short article on a word or expression that may crop up during a separation or divorce case. Sometimes I comment on a topical legal issue.
I'm always glad of feedback - any comments on my blog entries are welcome - just send me an email.
Miln MacLeod Solicitors is the practice name of Rory Miln, a solicitor of England and Wales recognised as a sole practitioner, authorised and regulated by the Solicitors Regulation Authority (SRA). The practice's SRA number is 535105. The SRA’s rules can be found (in English) on their website at http://www.sra.org.uk/solicitors/code-of-conduct.page