Court of Appeal clarifies law on internal relocation

The Court of Appeal in the case of ‘Re C (Internal Relocation) [2015] EWCA CIv 1305’ has recently clarified the law and principles in relation to internal relocation where one parent wishes to relocate within the UK with their child.

Prior to this case, the accepted position in law was that the parent who was left behind would need to show ‘exceptional circumstances’ so as to prevent a move. This test did not apply in international cases.

In dismissing the father’s appeal, the Court of Appeal confirmed that there is no distinction between internal relocation in the UK and international cases in which the parents take the child to live abroad. The Court confirmed that the only principle to be applied in either situation is that the child’s welfare is paramount.

In her judgement, Lady Justice Black emphasised that the distance that a parent wishes to move will always be important, together with the practicalities of the child spending time with the parent that is left behind.

This case is likely to have a significant impact on future cases and may well lead to many more contested cases regarding internal relocation. The objecting parent now has far greater scope to challenge the relocation of their child within the UK. This means that parents with care of children who want to move within England and Wales will need to make detailed plans of any proposed move as to why it is that the move is consistent with the child’s welfare in the event of a dispute.

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