Amandeep Gill's Analysis: Payneful Decisions

Payneful Decisions

There has been considerable debate concerning leave to remove (LTR) cases following the comments made by Lord Justice Wall and Mr Justice Mostyn in Re D (Children) [2010] EWCA Civ 50 and Re AR (A Child: Relocation) [2010] EWHC 1346 (Fam) respectively.

Relocation disputes are invariably the most hotly contested of all applications given the life changing consequences involved. But would adoption of the Washington Declaration (WD) improve decision making and outcomes for families?

If adopted the WD provides that LTR decision making should be based on the best interests of the child which should be the paramount primary consideration without any presumptions for or against relocation. It recommends that judicial discretion be exercised by weighing a number of factors in the balance.

Many practitioners consider it fair for parties to begin proceedings on a level playing field. Removing the presumption in favour of the relocating parent is however unlikely to make reaching...

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