Rethinking Relocation
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- Published: Tuesday, 09 November 2010 12:28
Key family justice seminar focussing on issues affecting children who are relocated following family breakdown
On Tuesday 9th November, an important family justice seminar is taking place in the House of Commons to highlight the need for a review and reform of child related relocation law. Relocation is a major cause of distress for the child and the parent left behind following family breakdown and risks the loss of a relationship between the child, one parent and their wider family.
The key legal judgment in relocation cases, Payne v Payne made in 2001, gave guidance which the courts have no choice but to follow. The principles behind that guidance remained unchallenged and largely unchanged since the 1970s (Payne v Payne [2001] EWCA Civ 166 and Poel v Poel [1970] 1 WLR 1469 CA). The premise behind Payne v Payne is that not allowing the primary carer to take their child to live in another country will so impact on the primary carer’s psychological well-being that the child will be caused harm. In 40 years, no evidence has been published that supports this premise.
Craig Pickering, FNF CEO said “there is a growing interest in the issue of relocation from the legal community, politicians and academics alike. Allowing children to be too easily removed from a loving parent and wider family needs to end, to reflect parenting in the twenty first century and to help make the law truly in the best interests of the child. Currently there is a review of the family justice system taking place and we need to ensure that this area is not ignored.”
“Since the courts’ current guidance came into being, 15 academic studies have highlighted risks to children through separation from parents. Relocation abroad is at the severe end of the spectrum” said Michael Robinson, who heads the campaign to reform relocation law. “Decisions are being made which do not adequately protect children from harm.” A report published on 8th November 2010 ahead of the seminar highlights the psychological, educational and developmental risks to children caused by children being separated from one parent.
Ann Thomas, Managing Partner of the International Family Law Group, London said “the law on child relocation has not changed for 40 years yet parenting patterns and family expectations today are unrecognisable from those of the 1970s. Unintentionally, by favouring the mother as residential parent, the law has become gender discriminatory and often too little interest is placed on the children’s real interests as the parents battle over their future in Court. It must change. The change must also embrace opportunities to resolve matters outside of court, with specialist mediators and innovative schemes such as Relocation Dispute Resolution hearings.”
Professor Marilyn Freeman, who is speaking at the seminar said “there is an international momentum building towards establishing a common approach to relocation disputes, but this has to be based on a scientific understanding of both the impact of relocation disputes on children and young people, as well as what is in the individual child's best interests in these circumstances. Research is urgently required to enable families and decision makers to identify both the risk and protective factors in these cases in order to determine whether relocation will be in the individual child's best interests, or whether it will be harmful for the individual child.”
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