Wednesday, 20 April 2011

Judicial U-Turns - Relocation Law

The father from the case Re D (Children) [2010] EWCA Civ 50 comments on Sir Nicholas Wall's recent U-turn on his acceptance that the current guidance which the courts must follow ignores child welfare. Names are withheld in light of the children's right to anonymity under current legislation.

In essence, and as explained by the father, despite Sir Nicholas Wall taking three weeks to consider his 2010 wording before making judgment, re-iterating his opinion in the later case Re D (Children) [2010] EWCA Civ 593, which was further supported by the judgment of Sir Nicholas Mostyn in the case AR (A Child: Relocation) [2010] EWHC 1346 (Mr Justice Mostyn also happens to have been editor of Jordan's International Family Law)... our President of the Family Courts has now withdrawn his words after criticism from Lord Justice Wilson in the judgment H (A Child) [2010] EWCA Civ 915.

No wonder Lord Justice Wilson called the guidance controversial, when the judiciary themselves cannot agree, and their most senior members seem convinced that change is needed one moment, and change their minds the next. It doesn't help one to have confidence in their decision making in cases concerning relocation law.

Read the father's comments at

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