Relocation, relocation, relocation: balancing the competing interests in child relocation cases

For many years Payne v Payne [2001] EWCA Civ 166 [2001] 1 FLR 1052 was the leading case for setting out the presumptions in deciding relocation cases. It has now been overtaken in terms of importance by Re F (A Child) (International Relocation Case) [2015] EWCA Civ 882 [2017] 1 FLR 979. In the Court of Appeal Ryder LJ gave the leading judgment and a comprehensive review of Payne.

Re F involved a German mother who had moved to the UK to be with the English father. On breakdown of the relationship she sought to return to Germany where she submitted she had family support. The judge at first instance granted her leave to remove and the father appealed. In summary Ryder LJ held that welfare analysis...

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