This site uses cookies for technical and analytics to ensure you get the best experience. Please click the button below to accept and close or read more information
Hertford 01992 306616
London 0207 956 2740

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.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation on 01992 306 616 or 0207 956 2740 or email us.

Back to Law Articles
Manor Law Ltd, trading as Manor Law Family Solicitors, is a registered company in England and Wales - number 07977350, and is authorised and regulated by the Solicitors Regulation Authority - Hertford office SRA number 567506 and City of London office SRA number 568637. Copyright © Manor Law, 2016. All rights reserved.

Request Call Back

Thank you! Your callback request was sent successfully and we will contact you shortly.