Is it time to conjoin children and financial remedy proceedings in relocation cases?

For over 30 years, English family law has maintained a clear separation between children and financial remedy proceedings; a system which generally works well. However, in international relocation cases, this division can cause injustice. These cases require a holistic view, as relocation proposals are often intertwined with financial viability. Judges and lawyers make decisions on relocation without full knowledge of the financial outcome, resulting in unrealistic expectations or unworkable plans post-relocation. The high legal costs can further deplete resources, making intended arrangements unaffordable. This two-stage process—first relocation, then finances—can have devastating consequences for both parents and children. International practice commonly integrates both aspects, and mediation and arbitration in England are increasingly following suit. The authors argue for conjoined proceedings in relocation cases to deliver fairer, more sustainable outcomes. This would require legal and judicial adaptation, but the benefits for children’s welfare and parental fairness are clear. The current rigid separation can lead to damaging mismatches between intention and reality, and a combined approach is overdue.

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