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  • Fiona
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04 Apr 15 #459198 by Fiona
Reply from Fiona
There are three cases you may find helpful reading to find out about the broader approach lower courts appear to be starting to take in internal relocation cases;

Re L (Shared Residence Order) [2009] EWCA Civ 20

F (Children) [2010] EWCA Civ 1428

S (A Child) [2012] EWCA Civ 1031

  • Forseti
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05 Apr 15 #459237 by Forseti
Reply from Forseti
I''m not disagreeing with Fiona (Heaven forfend!), but I just wonder how relevant the cases she mentions are now that the old orders have yielded place to the new Child Arrangements Orders.

To take just the last case, Re S, this involved two parents both of whom applied for sole residence orders. These old orders encouraged parents to act selfishly, regarding only their own relationship with the child. The new order obliges parents to consider how both parents are to be fitted into the arrangement for the child. Mr Justice Mostyn made clear in Bakir v Downe [2014] EWHC 3318 (Fam) that an applicant must include in his application a draft order, and this further forces parents to consider the whole package of care for the child and not just how their own role is to be performed.

The hope is that under the new regime cases like Re L, Re F and Re S won''t be able to happen, and by the time the case reaches court the parents should be much closer to a workable arrangement, rather than just leave it to the court. Whether it will work like that in practice is another matter.

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