|
Toggle Nav
Relocation: A Practical Guide Second edition
Publisher:
Family Law
Relocation: A Practical Guide offers practitioners and parents a comprehensive handbook on the law and practice which is needed to successfully handle any relocation dispute, whether it ends up in court or not.
Published: 31 March, 2016
Why should you buy Relocation: A Practical Guide
Relocation disputes arise between separated parents when one of them proposes to move to a different geographic location with their child and the other parent objects to the plan. Whether the proposed move is within the United Kingdom or international, the consequence of either allowing or refusing a relocation application is usually of the greatest importance to the parents and children involved. Relocation: A Practical Guide offers practitioners and parents a comprehensive handbook on the law and practice which is needed to successfully handle any relocation dispute, whether it ends up in court or not.
Written in an accessible style by a team of experienced specialists, Relocation: A Practical Guide explains the entire process of dealing with a relocation case. After a detailed discussion of both international and internal relocation law (including case examples and key summaries), the book moves step by step through the entire process of a case, from first discussions to final hearings and appeals. Essential relocation cases and relevant Practice Directions are also contained in the appendices, making this an indispensable guide for anyone working in this complex and fast-changing area of law and practice.
This new edition includes:
* Full updating of the procedure and terminology in the light of the 2014 legislative changes
* Inclusion of the latest research data about relocation disputes
* Updates to all case-law discussion, taking into account the latest developments including Re F (International Relocation Cases) [2015] and Re C (Internal Relocation) [2015]
* Greater detail on less common issues which can arise in a relocation case, including discussion of questions and the relevance of a previous abduction or unsuccessful relocation application
* Additional discussion of the practicalities of complying with the formalities of the Brussels II Revised Regulation in terms of creating orders which are enforceable across the EU
* Analysis of issues to do with jurisdiction and habitual residence relevant to international relocation disputes
* More detailed information on where to obtain particular kinds of expert advice which can be needed in relocation cases
* Additional discussion of temporary relocation applications in the light of recent case-law
* A fully revised chapter on appeals, taking into account the courts' changed approach following the Supreme Court decision in Re B (Care Proceedings: Appeal) [2013]
* Fully revised appendices with new case extracts, updated practice directions and expanded sample materials
"considering the complexities and sensitivities inherent in this area of law, having this book to hand as a ready reference virtually places an expert advisor at your fingertips - four advisors in fact - each a specialist in this particular field. And actually, you don't need to be a family lawyer to read, note and inwardly digest the sensible and well informed advice offered, especially as the authors have been careful to make the content of the book as accessible to parents as it is to practitioners" Phillip Taylor MBE and Elizabeth Taylor
"the law and practice relating to relocation applications, international and internal, is plainly and comprehensively explained. There is critical discussion of the state of the law and consideration of how it is developing or may develop … What will make the book invaluable to many readers is the down to earth practical advice that punctuates it. It will assist lawyers and parents alike in what to do from the earliest stage when a move is contemplated to the moment when, if it comes to that, the judge determines the relocation application and even thereafter" The Rt Hon Lady Justice Black, Judge of the Court of Appeal
"this book is a triumph for the multidisciplinary approach, encompassing the intellectual breadth and depth to be expected from one of the leading academics in the relocation field, comprehensive and eminently sensible advice from one of London’s top children law solicitors, and the first instance and appellate savvy to be expected from highly experienced leading and junior counsel from a set known for its expertise in international children law … It is on any basis an excellent book and, frankly, anyone practising or litigating within the relocation field would be well advised to have it" Piers Pressdee QC, Barrister, 29 Bedford Row
"a distinctive and very powerful feature of this work is its academic/practitioner collaboration, impressively situating ‘relocation law’ within current academic research and debates, while maintaining a clear exposition of law and practice issues for the busy practitioner. The book imparts considerable and valuable practitioners’ expertise and experience, and includes an appendix of useful materials. This new, fully updated and expanded, edition includes a new section on research findings, and new topics such as public law and immigration law elements of ‘relocation’. Informed by scholarship and practical experience, Relocation: A Practical Guide is a book whose format and style should be a model for future practitioner works of this nature" Stephen Gilmore, Professor of Law, King’s College London
Endorsements
Foreword
Introduction
Biographical Details
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of European and International Legislation
What is Relocation?
•The context of relocation disputes
• Factual context
• Legal context
• Relocation and other parenting issues
• Relocation and gender
•Debates about relocation law
•Relocation research
•C´Ç²Ô³¦±ô³Ü²õ¾±´Ç²Ô
Relocation Law
•General principles relevant to relocation cases
•Guidance in family law cases
•The main approach to relocation cases
•Specific issues which can arise in relocation cases
• Care arrangements
• Older children
• Illegitimate motivation by applicant
• Previous abduction or unsuccessful relocation application
• Immigration issues
• Public law/child protection issues
•Issues that apply if international relocation is to occur
•Issues that apply if internal relocation is to occur • Moves within England and Wales
• Moves to Scotland or Northern Ireland
Bringing a Relocation Application: Things to Think About Before You
Start
•Things to think about at the outset
•Considering the basics: where, when and why
•Detailed plans for a relocation application
• Going home cases
• Specific opportunity cases
• New partner cases
• Lifestyle cases
• Get away cases
•Planning for a relocation
•Information and practicalities
•The child’s wishes and feelings
•Talking to the other parent and trying to reach an agreement without litigation
•When to get help
•Case study
Opposing a Relocation Application: Things to Think About Before
You Start
•Things to think about at the outset
•Considering the alternatives
•Assessing the applicant parent’s proposals – what to look for
•The child’s wishes and feelings
•Talking to the other parent and trying to reach an agreement without litigation
•When to get help
•Case study
Bringing a Relocation Application
•Deciding whether to make a formal application
•Preparing an application
•Domestic violence
•From issue to the first hearing dispute resolution appointment
•The first hearing dispute resolution appointment
•Between the first hearing dispute resolution appointment and the final hearing
•Cafcass/independent social worker
•The dispute resolution appointment
•The final hearing
•The court order
•After the final hearing
• If the relocation is allowed
• If the relocation is refused
• Longer term issues
Opposing a Relocation Application
•Responding to an application
•Situations which are urgent
•After the application has been issued
•The first hearing dispute resolution appointment
•Setting out a case in response to a relocation application
• General practicalities
• Motivation
• The children’s relationship with the respondent
• Cases where there has been little or no previous conflict/acrimony over the children
• Cases where there has been previous conflict/acrimony over the children
•Cafcass/independent social worker
•The dispute resolution appointment
•The final hearing
•The court order
•After the final hearing
• If the relocation is allowed
• If the relocation is refused
• Longer term issues
Temporary and Interim International Relocation
•Short temporary moves to EU and Hague Convention countries
•Short temporary moves to non-EU and non-Hague Convention countries
•Longer temporary removals
•Interim leave to remove a child from the jurisdiction
Appeals
•Appeals – the law
• Permission to appeal
• The substantive appeal
• What is meant by the decision being ‘wrong’
• Procedural error or error of law
• Overlooking relevant factors or considering irrelevant ones
• Insufficient reasons for decision
•Appeals – procedure
• Applying for permission to appeal
• Applying for a stay
• General points
•Responding to an application for permission to appeal
•The hearing of appeals
•Second appeals
Appendix 1 - Extracts from Key Legislative Provisions
•Children Act 1989
•Brussels IIa Regulation, Council Regulation (EC) 2201/2003
Appendix 2 - Extracts from Key Practice Directions
•Practice Direction 3A Family Mediation Information and Assessment
•Meetings (MIAMS)
•Practice Direction 12B Child Arrangements Programme
•Practice Direction 16A Representation of Children
Appendix 3 - Extracts from Key Permanent Relocation Cases
•Payne v Payne [2001] EWCA Civ 166, [2001] 1 FLR 1052
•Re L (Internal Relocation: Shared Residence Order) [2009] EWCA Civ 20, [2009] 1 FLR 1157
•K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793, [2012] 2 FLR 880
•Re F (Relocation) [2012] EWCA Civ 1364, [2013] 1 FLR 645
•Re F (International Relocation Cases) [2015] EWCA Civ 882
•Re C (Internal Relocation) [2015] EWCA Civ 1305
Appendix 4 - Extracts from Key Temporary Relocation Cases
•Re A (Security for Return to Jurisdiction) (Note) [1999] 2 FLR 1 (FD)
•Re R (Prohibited Steps Order) [2013] EWCA Civ 1115, [2014] 1 FLR 643
•Re C-W (Holiday in USA) [2015] EWCA Civ 1272
Appendix 5 - Sample Application and Response Materials
•Sample C100 Application form relating to the Case Study in Chapter 4
•Sample C2 Cross-application response form relating to the Case Study in Chapter 4
•Sample Annex II Certificate under the Brussels IIa Regulation
•Sample Annex III Certificate under the Brussels IIa Regulation
Appendix 6 - Signatories to the 1980 and 1996 Hague Conventions
•List of Contracting States of the Hague Convention on the Civil Aspects of International Child Abduction 1980
•List of Contracting States of the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children 1996
Bibliography
Index