A Practical Guide to Internal and External Child Relocation

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 will provide clear and detailed legal and procedural guidance on applications to relocate with a child, both within and outside of the Jurisdiction. This will include: – 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 will provide 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. Jon also has experience in drafting and advising on various documents, including consent orders, separation agreements and pre-nuptial agreements. Jon has advised and represented heterosexual and same sex couples, including in applications for a Parental Order following surrogacy treatment, including in the High Court following international surrogacy. Jon 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