"Few guidelines for the determination of individual cases, the facts of which are never replicated, have stood so long in our family law."

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Family Law Coursework 2 2003/04

Nottingham Trent University

"Few guidelines for the determination of individual cases, the facts of which are never replicated, have stood so long in our family law."

This was the proposition of Thorpe LJ in the case of Payne v Payne1 when considering the case law guidance that exists in 'relocation' cases where the custodial parent wishes to emigrate and seeks the leave of the court to do so pursuant to section 13(1)(b) of the Children Act 1989.

Following the review of the decisions in this area over the past 30 years two underlying propositions have consistently been used when deciding the outcome of such applications. The first and paramount consideration is the welfare of the child, along with a consequential question of whether a refusal of the primary carers 'reasonable' proposals for relocation were likely to impact detrimentally on the welfare of the dependant child or children. The application for leave will be granted unless the Court considers it conflicting with the welfare of the child.

The Children Act 1989 allows a person who has a residence order in his favour to take the resident child out of the