The Realities of Relocation

Relocation disputes are cases between separated parents where one of them proposes to move with their child to a new geographic location (usually international, but sometimes within the UK) and the other parent objects. The leading cases on international moves are Payne v Payne [2001] EWCA Civ 166, [2001] 1 FLR 1052 and K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793, [2012] 2 FLR 880. Although these cases are increasingly common, very little is known about their everyday reality in England and Wales because almost all the information presently available is based on a tiny sample of cases which reach the Court of Appeal. This lack of information makes it difficult to engage fully with the global debate over the law's regulation of post-separation families in the migration context, which is especially important because, as most family law practitioners and academics are aware, relocation law in England and Wales has been subjected to significant criticisms in recent years.

To help us learn more about relocation disputes in first instance courts, Dr George is conducting a 3-year study of relocation disputes in first instance courts. There are three elements to the project:

1. Relocation orders and judgments

During 2012, Dr George was collecting court orders and / judgments made in relocation cases in England and Wales. This included both international and domestic relocation, and both contested and consent orders. While the collection of materials has now ended, any cases from 2012 can still be sent to Dr George, via Mr Edward Bennett at the Royal Courts of Justice. More information about this aspect of the research can be found in this letter from Lord Justice Thorpe. The collection of these materials for research purposes was approved by the President of the Family Division, under FPR rule 12.73(c).

2. Questionnaire for family solicitors and barristers

In the final months of 2012, all family solicitors and barristers practising in the area of family law in England and Wales were asked to spend a few minutes completing a questionnaire about their experiences of relocation disputes. Nearly 200 responses were received, and that information is now being analysed.

3. Interviews with parents who have been involved in a relocation dispute recently

To gain more understanding about the real life experience of relocation cases, parents who have recently been involved in a relocation case are being interviewed about their cases. If you are a parent who has been involved in a relocation case in the last 6 months, or if you are a lawyer who has a client who might be interested in participating in this research, please get in touch with Kay Bader who is in charge of conducting the interviews.