Introduction to the International Relocation of Children Global Guide | Practical Law

Introduction to the International Relocation of Children Global Guide | Practical Law

This is part of the global guide to international child relocation law. For a full list of jurisdictional Q&As visit www.practicallaw.com/childrenrelocation-guide. To compare answers across multiple jurisdictions, visit the International Relocation country Q&A tool.

Introduction to the International Relocation of Children Global Guide

Practical Law UK Articles 4-622-5751 (Approx. 3 pages)

Introduction to the International Relocation of Children Global Guide

Law stated as at 01 Jan 2016
This is part of the global guide to international child relocation law. For a full list of jurisdictional Q&As visit www.practicallaw.com/childrenrelocation-guide. To compare answers across multiple jurisdictions, visit the International Relocation country Q&A tool.
For an introduction to the guide, see the foreword to the International Relocation of Children Global Guide by Mr Justice Stephen Cobb.
I am thrilled and excited to be introducing this Global Guide to the Law on the International Relocation of Children.
As the number of international families has been rising steadily, it has become increasingly important for family law practitioners and parents to know what the legal position is if a parent wishes to relocate, following separation or divorce, with a child from their home country to another country to pursue a work opportunity or develop a new relationship, or wishes to return home with a child from a country in which they have been living with the other parent. Furthermore, it is important to know what the legal position will be in the proposed new destination if the parent wishes to move from there subsequently, after relocation. In my experience, many parents continue to believe that if they have a child living with them, they are free to move with the child wherever they wish.
In the jurisdiction of England and Wales, we are experiencing interesting developments in the field of relocation law, both in respect of international relocations and internal relocations (within the UK). Last year, the Court of Appeal handed down its judgement in the international relocation case of Re F (A Child) (International relocation cases) [2015] EWCA Civ 882 confirming the modern law on international relocation. Just before the end of the year, the Court of Appeal gave judgment in the internal relocation case of Re C setting the proper principles to be applied in internal relocation cases. It determined that there is no reason for the courts to differentiate between those cases and international relocation cases. The approach to international relocation cases should apply equally to internal relocation cases.
As explained by Lady Justice Black in the recent judgement of the Court of Appeal in Re C "cases in which a parent wishes to relocate across the world, for example, to return to their original home and to their family in Australia or New Zealand are some of the hardest cases which the courts have to try and require great sensitivity and the utmost care".
A proposed relocation may give rise to significant benefits and losses for each parent and for the child concerned. A compromise can be extremely difficult to achieve and at least one parent is likely to be left feeling disappointed and distressed by the determination. Any parent proposing to relocate or opposing a proposed relocation would be wise to take advice from a family lawyer experienced and/or specialising in this area at an early stage. The way in which the parent's case is prepared can be crucial.
The contributors to this guide are experienced and/or specialist practitioners within international children law. Many of them are known to me personally as Fellows of the International Academy of Matrimonial Lawyers (IAML) or members of the Association Internationale des Jeunes Advocats (AIJA). Many of the questions in the guide relate to the situation where the consent of the other parent and/or permission from the court is sought to a proposed relocation. The other questions involve the removal of a child from his/her home country without the other parent's consent/court's permission ("abduction").
I am immensely grateful to all of the contributors for their support and diligence in preparing their chapters. The answers provided by the contributors show that although there are many similarities between the laws in the various jurisdictions, there are also some notable differences.
My gratitude is also extended to Emily Kyriacou, Katie Burrington, Nicola Pender and the entire publishing team at Thomson Reuters who have co-ordinated the production of this global guide. Without their efforts this book would not have been published.
I would also like to thank my great friend, Mr Justice Cobb, one of the most highly regarded English High Court judges in the field of international children law, for agreeing to prepare the foreword. Before he was appointed as a High Court Judge, Mr Justice Cobb and I worked together on many relocation cases. Thus it seemed apt that he should say a few words. Finally, I would like to thank my partners at Penningtons Manches, in particular James Stewart, for introducing me to Thomson Reuters and Jane Craig for providing me with unfailing support.