Children Come First

A consequence of the breakdown of some relationships is that one party will decide to relocate. However, where the parties have children, the issue of relocation can be an extremely contentious one. On what basis do the English courts decide whether a parent should be allowed to relocate with a child away from the other parent, and should the approach be the same if the relocation is within the UK or abroad?

In December 2015, the Court of Appeal handed down its decision in the case of Re C – an appeal by a father of an Order allowing a mother to move from London to Cumbria with the parties' now 10 year old child. The case has provided much needed clarity in relation to when a court should allow a relocation and whether the considerations differ between internal (within the UK) and external (outside the UK) relocations.