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Internal relocation and proportionality: Re C (£)

Date:8 MAR 2016

On 18 December 2015, the Court of Appeal handed down its judgment on the appeal of the father in Re  C (Internal Relocation) [2015] EWCA Civ 13505. The appeal at last gave the advocates the opportunity to argue and the Court of Appeal the chance to consider the principles to be applied in internal relocation cases and the differences in the courts’ approach to internal relocation cases and international relocation cases. This article written by the lawyers who represented the father at first instance and on the appeal, Anna Worwood and Charles Hale QC, summarises the Court of Appeal’s significant decision that there is no reason to differentiate between internal and international relocation cases. It also examines the Court of Appeal’s analysis of the necessity to consider the proportionality, under Article 8 of the ECHR, of the court’s decision, when considering an internal or international relocation dispute. The article compares the new law with the position in other jurisdictions and finally, looks at possible wider implications of the judgment.

The full version of this article appears in the March 2016 issue of Family Law.

Online subscribers can access the full version of the article here.

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