Hayley Trim's Analysis: Payne Relief

Sandra Davis recently wrote about the relocation case of MK v CK [2011] EWCA Civ 793 and I agree with her reading of the case. When I read the judgment of Thorpe LJ I was pleased to see the clear statement in terms that the only principle to be drawn from Payne v Payne [2001] 1 FLR 1052 is the paramountcy principle - all the rest is guidance. I was however concerned by his further comments that the Payne guidance is not to be applied to shared residence cases but rather that of Hedley J in Re Y (Leave to Remove from Jurisdiction) [2004] 2 FLR 330. Although Thorpe LJ made it clear that this does not mean shared residence as a label but genuinely shared care on the ground I could imagine the likely arguments as to at what point care becomes shared - how much time days or nights and of what quality is...

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