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David Hodson on International Family Law: Internal relocation on the slow boat to the Orkneys

Date:13 JAN 2011

David HodsonAt a time when international travel can be easier and quicker than within national boundaries can there be any justification for different criteria in law for a relocation of a child with a primary caring parent internally or internationally?  This was the issue and challenge for the English Court of Appeal in Re F [2010] EWCA 1428. The mother wanted to move from Cleveland in the north-east of England with four children aged 14 12 11 and 9 to the Orkneys islands off the far north coast of Scotland but still within the United Kingdom. The mother and her new husband had strong Scottish links and he had already moved there. The father had regular contact with the children including alternate weekends and long periods during the holidays. The journey would take a minimum of 9 hours and possibly 19 hours each way. Some of the children wanted to go. Some refused. The father did not seek primary residence...

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