Child relocation is a high stakes issue, and often one without
compromise, where the outcome can have long lasting, if not permanent
implications for parents and children. It is therefore key to make sure
you are fully prepared when making or challenging an application.
This is an area of law that is becoming more common as the number of
multi-national families continues to grow. It is not uncommon for
families to be split across different parts of the country, or even the
world. So applications to move to be closer to one side of the family,
or even a new partner become more frequent.
This book provides clear and detailed legal and procedural guidance on
applications to relocate with a child, both within and outside of the
Jurisdiction. This includes:
- What to consider before making an application;
- Who needs to be informed of, and involved in the application;
- What to steps to expect during the court process;
- The key legislation and cases;
- Recent case decisions.
This book will not take one side, and provides guidance on the relevant
law around this area, so will be of assistance to those making an
application to relocate and to those opposing any applications.
ABOUT THE AUTHOR
Jon Whettingsteel is a partner at Dutton Gregory Solicitors. He has
practiced in family law for the past 12 years and has experience in
dealing with a wide variety of contentious and non-contentious matters
including divorce, children and financial cases, as well as protective
measures such as non-molestation and occupation order proceedings. He
has experience in drafting and advising on various documents, including
consent orders, separation agreements and pre-nuptial agreements. He has
dealt with multiple cases in the area of child relocation, including
both as the applicant seeking permission to relocate and as a respondent
in opposing an application.
CONTENTS
Chapter One - Introduction
Chapter Two - Permission - Do You Need It? And if So, Who From?
Chapter Three - Pre-Proceedings
Chapter Four - Internal Relocation
a. What Is 'Internal' Relocation?
b. Opposing an Internal Relocation
c. Making an Application for Internal Relocation
d. Returning a Child Unilaterally Removed Internally
e. Key Legislation
f. Case Law
Chapter Five - External Relocation
a. What Is an 'External' Relocation?
b. Opposing / Preventing an External Relocation
c. Temporary Removal and Safeguards
d. Making an Application for External Relocation
e. Returning a Child Unilaterally Removed Externally
f. Contact With the Remaining Parent
g. Key Legislation
h. Case Law
Chapter Six - Procedure
a. Urgent and Without Notice Applications
b. Issue Up to First Hearing Dispute Resolution Appointment (FHDRA)
c. First Hearing Dispute Resolution Appointment (FHDRA)
d. Dispute Resolution Appointment (DRA)
e. Final Hearing
Chapter Seven - Comparing Internal and External Relocation and
Removal
Chapter Eight - The Hague Convention
a. The Impact of Brexit
b. The Purpose of the Hague Convention
c. Article 7 - Co-Operation of Member States
d. Legal Aid
e. Central Authority
f. Chapter III - Return of the Child
g. Chapter IV - Rights of Access
h. Procedure
Chapter Nine - Where Are We Now and Where Are We Going? Recent
Decisions: SB v M [2021]
Chapter Ten - Conclusion
