Law Articles

Can a separated/divorced parent remove a child from England and Wales? 28/11/2011

The Court of Appeal in MK v CK (2011) was very clear on this point. The facts of MK v CK (2011) are as follows:

The mother wished to return home to Canada because she felt isolated and stressed in this country. A return to Canada would allow her to live within her parent’s home with the benefit of emotional and material support. The father opposed such a move on the basis that it would have a negative impact on the children. The parties married in 2004, had two children in 2006 and 2009 and divorced in July 2010. They had a Shared Residence Order. The terms of the Shared Residence Order were that the children were to spend five nights with their father and nine nights with their mother in every fortnight.

The Court of Appeal made it very clear that in every relocation case the welfare of the child, as set out in the Children Act 1989 s1 (3), is paramount and in this particular case, found in favour of the father.

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