Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
Spotlight
A day in the life Of...
Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
Read on
Relocation cases: is the Court of Appeal applying the correct principles?
Date:4 AUG 2006

Mary Hayes, Emeritus Professor of Law, University of Sheffield; Visiting Professor, University of Swansea. This article argues that trial judges are being prevented from exercising their discretion in relocation cases in a broad and principled manner by strong rulings from the Court of Appeal. Relocation decisions have a profound affect on the ability of children to maintain frequent contact with their fathers. In the authors view, the discipline recommended in Payne v Payne [2001] EWCA Civ 166, [2001] 1 FLR 1052 and entrenched by subsequent Court of Appeal rulings is misguided. The gloss it places on the welfare principle is too narrow and is biased towards the residential parent, almost invariably the mother. As a consequence, the Court of Appeal is overruling decisions of trial judges in circumstances where the House of Lords has ruled that an appellate court should refrain from intervening. See Child and Family Law Quarterly, Vol 19, No 3, 2006 for the full article.

Categories:
Articles