Relocation: A Practical Guide

Introduction – Relocation: A Practical Guide

1. What Is Relocation?
 - The context of relocation disputes
 - Debates about relocation law
 - Conclusions

2. Relocation Law
 - Guidance in Family Law Cases
 - International Relocation Law
 - Internal relocation law

3. Bringing a Relocation Application: Things to Think About Before You Start
 - Things to think about at the outset
 - Considering the basics: when, where and why
 - Detailed plans for a relocation application
      ‘Going home’ cases
      ‘Specific opportunity’ cases
      ‘New partner’ cases
      ‘Lifestyle’ cases
      ‘Get away’ cases
 - Planning for a relocation
 - Information and practicalities
 - The child’s wishes and feelings
 - Talking to the other parent and trying to reach an agreement without litigation
 - When to get help 
 - Case study

4. Opposing a Relocation Application: Things to Think About Before You Start
 - Things to think about at the outset
 - Considering the alternatives
 - Assessing the applicant parent’s proposals: what to look for
 - The child’s wishes and feelings
 - Talking to the other parent and trying to reach an agreement without litigation
 - When to get help
 - Case study

5. Bringing a Relocation Application
 - Deciding whether to make a formal application
 - Preparing an application
 - Domestic violence 
 - From issue to the first hearing dispute resolution appointment
 - The first hearing dispute resolution appointment
 - Between the first hearing dispute resolution appointment and the Final Hearing
 - CAFCASS / independent social worker
 - The Final Hearing
 - The court order
 - After the Final Hearing 

6. Opposing a Relocation Application
 - Responding to an application
 - Situations which are urgent
 - After the application has been issued
 - The first hearing dispute resolution appointment
 - Setting out a case in response to a relocation application
 - CAFCASS / independent social worker
 - Pre-hearing review
 - The Final Hearing
 - After the Final Hearing 

7. Temporary International Relocation
 - Short temporary moves to EU and Hague Convention countries
 - Short temporary moves to non-EU and non-Hague Convention countries
 - Longer temporary removals
 - Conclusion

8. Appeals
 - The law on appeals
 - Applying for permission to appeal
 - Responding to an application for permission to appeal
 - The hearing of appeals
 - Second appeals

Appendix 1. Extracts from Key Legislative Provisions

Appendix 2. Extracts from Key Practice Directions

Appendix 3. Extracts from Key International Relocation Cases

Appendix 4. Extracts from Key Internal Relocation Cases

Appendix 5. Sample Materials

Appendix 6. Signatories to the 1980 and 1996 Hague Conventions

Dr Rob George
Faculty of Law, University of Oxford and Harcourt Chambers, Temple, London

Dr Rob George is a British Academy Postdoctoral Fellow in Law at University College, Oxford, and an Associate Member of Harcourt Chambers. He researches primarily on relocation law, and frequently advises on relocation cases, including the recent application for permission to appeal Re F (Permission to Relocate) [2012] EWCA Civ 1364, [2012] 3 FCR 443 to the Supreme Court. Recent publications include Ideas and Debates in Family Law (Hart Publishing, 2012), ‘Reviewing Relocation?’ [2012] Child and Family Law Quarterly 110, and ‘The International Relocation Debate’ [2012] Journal of Social Welfare and Family Law 141.

Frances Judd QC
Harcourt Chambers, Temple, London

Frances Judd QC is Head of Chambers at Harcourt Chambers, and also sits as a Deputy High Court Judge and as a Recorder. She practices exclusively in family law, and frequently takes relocation cases at first instance and on appeal, including the reported cases of Re L (Internal Relocation: Shared Residence Order) [2009] EWCA Civ 20, [2009] 1 FLR 1157 and Re F and H (Children: Relocation) [2007] EWCA Civ 692, [2008] 2 FLR 1167. Most recently, she was leading counsel for the father in the application for permission to appeal Re F (Permission to Relocate) [2012] EWCA Civ 1364, [2012] 3 FCR 443 to the Supreme Court.

Damian Garrido
Harcourt Chambers, Temple, London

Damian Garrido is a Barrister at Harcourt Chambers with 20 years of experience in family law, and also a Recorder hearing children and family applications in the County Court.  He is recognised as a leading family law specialist, having been described in the Legal 500 as ‘excellent and tenacious’.  He is frequently instructed in cases involving international elements, including relocation disputes, and regularly lectures to the legal profession on family law issues.

Anna Worwood
Partner, Manches LLP, London

Anna Worwood is a Partner in the Family Law department of Manches LLP. She is ranked as a Leading Individual by Chambers and Partners 2012 for her work in family law, particularly cases involving children. She has an international practice and is highly experienced in relocation law, including the reported cases of Re C (Permission to Remove from Jurisdiction) [2003] 1 FLR 1066 (Fam) and Re D (Leave to Remove: Shared Residence) [2006] Family Law 1006 (Fam). She is a Fellow of the International Academy of Matrimonial Lawyers (IAML).