Friday, May 21, 2010

In dispute over taking your child to live abroad?

If an application to leave the Country ends up in Court how will the Court decide whether to let the parent leave with the child? The Court needs to consider a whole manner of information, not least the child's wishes and feelings.

In the past the case of Payne v Payne (2001) paid little attention to the effect of the removal on the child and the loss aspect. Instead it focused upon the effects on the Parent leaving and how a refusal would impact badly on the child via the parent's disappointment.

Payne is still binding on Judges who are entitled to find against the child leaving the Jurisdiction if it is considered the effect of the removal on the child and their relationship with the Parent who is left behind would cause greater harm to the child. Yet again, there is no straightforward answer. The views of the children will be more compelling the older the children are and, as with everything, children's views can change.

There is never a foregone conclusion in such proceedings, which can be traumatic.

No comments: