Relocation: A Practical Guide, 2nd Edition

Law › Family Law

Relocation: A Practical Guide, 2nd Edition

Edited by Dr Rob George · Frances Judd QC · Damian Garrido · Anna Worwood
Family Law LexisNexis March 2016

Specifications

ISBN-13
9781784731687
Publisher
Family Law LexisNexis
Publication
March 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Relocation disputes arise between separated parents when one of them proposes to move to a different geographic location with their child and the other parent objects to the plan. Whether the proposed move is within the United Kingdom or international, the consequence of either allowing or refusing a relocation application is usually of the greatest importance to the parents and children involved.Relocation: A Practical Guide offers practitioners and parents a comprehensive handbook on the law and practice which is needed to successfully handle any relocation dispute, whether it ends up in court or not.

Written in an accessible style by a team of experienced specialists, Relocation: A Practical Guideexplains the entire process of dealing with a relocation case. After a detailed discussion of both international and internal relocation law (including case examples and key summaries), the book moves step by step through the entire process of a case, from first discussions to final hearings and appeals. Essential relocation cases and relevant Practice Directions are also contained in the appendices, making this an indispensable guide for anyone working in this complex and fast-changing area of law and practice.

Table of Contents

Foreward by The Rt Hon Lady Justice Black

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

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