Re F (A Child) (International Relocation Cases)

In relocation cases, the court must carry out a holistic and comparative evaluation of each realistic option for the child's future, with the child's welfare as the paramount consideration.

Citation
[2015] EWCA Civ 882
Court
Court of Appeal (Civil Division)
Year
2015
Subject
Family Law
Topic
Private law disputes about children and child abduction

Facts

A German mother wished to relocate from England to Germany with her 12 year old daughter, and the English father opposed the move. The judge gave the mother permission to relocate, relying on the guidance in Payne v Payne. The father appealed, arguing that the judge had not properly considered the effect of the move on the child's relationship with him.

Legal principle

The Court of Appeal allowed the father's appeal. Ryder LJ said that the guidance in Payne v Payne was not a substitute for the welfare analysis required by section 1 of the Children Act 1989, and that in all relocation cases the court must carry out a holistic and comparative evaluation of each of the realistic options for the child's future, considering the advantages and disadvantages of each, and the child's Convention rights. The judge had not done this, and the case was sent back for a rehearing. The decision confirmed the move away from the approach in Payne.

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