Re C (Internal Relocation) (2015)

[2016] 3 WLR 1 : [2016] 2 FCR 576 : [2015] EWCA Civ 1305 :[2016] Fam Law 284 : [2016] Fam 253

18/12/2015

Barrister

Charles Hale QC

Court

Court of Appeal (Civil Division)

Practice Areas

Private Children Law

The governing principle in relocation cases, both internal relocation within the UK and external relocation, was the child’s welfare. There was no rule that moving a child could only be prevented in exceptional cases, and no requirement for a court, having carried out its comprehensive analysis of the welfare considerations, to subject its conclusion to a cross-check by considering whether the consequent interference with the parties’ rights under the ECHR art.8 was proportionate.

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