It is good to have some clarification on the law in this area and this has to be the right decision by focusing on the child's welfare, although it makes it very difficult to advise a parent wanting to move or a parent wishing to prevent a move as each case will turn entirely on its own facts. The best way to assist parents in the first instance will be to try and discuss practical solutions through alternative dispute resolution processes and see if the move can work for both the parents and the children.
The Court of Appeal has clarified the law in relation to internal relocation, that is when one parent seeks to move with their child to another part of the United Kingdom, and the other parent objects.The existing law had suggested that a left-behind parent might have to demonstrate 'exceptional circumstances' in order to prevent a move, a test which does not apply in international cases. The Court of Appeal confirmed that the only principle to be applied is that the child's welfare is paramount. Her Ladyship emphasised that the distance that a parent wishes to move will always be important, as will the practicalities of the child spending time with the left-behind parent.