*/
It is time for international agreement on a set of common principles governing the relocation of children overseas, Lord Justice Thorpe has said.
Increased air travel and the internet have made parental disputes over relocation more frequent and intense, Thorpe LJ said in a speech to London Metropolitan University in June.
He called for international consensus on the laws concerning relocation of children.
Moves to debate the issue of an international law of relocation are gathering momentum and a conference was held on the topic in Washington in March.
Thorpe LJ said uniformity of approach would help parents take responsible decisions about relocation and discourage them from abducting or unlawfully removing their children.
In his speech, he considered UK case law and the impact of the Human Rights Act 1998, acknowledging the arguments of fathers’ groups that times may have changed. For example, the courts take into account the idea that “the harmful impact on the mother is taken to be harmful to the child”, an idea which has been criticised by fathers’ groups as “matricentric and discriminatory”, he said.
“Given that the principle is not derived from expert evidence nor from many research studies in this jurisdiction the challenge cannot be lightly dismissed. The emergence of the principle needs to be seen in the context of social tides that were moving some forty years ago.”
Increased air travel and the internet have made parental disputes over relocation more frequent and intense, Thorpe LJ said in a speech to London Metropolitan University in June.
He called for international consensus on the laws concerning relocation of children.
Moves to debate the issue of an international law of relocation are gathering momentum and a conference was held on the topic in Washington in March.
Thorpe LJ said uniformity of approach would help parents take responsible decisions about relocation and discourage them from abducting or unlawfully removing their children.
In his speech, he considered UK case law and the impact of the Human Rights Act 1998, acknowledging the arguments of fathers’ groups that times may have changed. For example, the courts take into account the idea that “the harmful impact on the mother is taken to be harmful to the child”, an idea which has been criticised by fathers’ groups as “matricentric and discriminatory”, he said.
“Given that the principle is not derived from expert evidence nor from many research studies in this jurisdiction the challenge cannot be lightly dismissed. The emergence of the principle needs to be seen in the context of social tides that were moving some forty years ago.”
It is time for international agreement on a set of common principles governing the relocation of children overseas, Lord Justice Thorpe has said.
Update from the Chair of the Bar
By Clement Cowley, Partner at The Penny Group
Modernising communication and collaboration at a leading Chancery set. A Zexi case study
How to build profile without compromising professional duties. By Naumaan Farooq, Co-Founder of Inked PR
Marie Law, Director of Toxicology at AlphaBiolabs, examines the role of cut-off levels, and the wider range of factors that must be considered when interpreting results for family court proceedings
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
A decade of reviews and research has disrupted accepted thinking in the search for causality. Suicides following abuse have overtaken domestic homicides. Is the law keeping up? Professor Susan Edwards KC (Hon) examines recent cases and the obstacles to successful prosecution
The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Lauren Fullerton examines the how, what and why of setting up a second chambers base