Relocation Applications After Payne v Payne
Applications to relocate a child — particularly abroad — are determined under the Children Act 1989, with the child’s welfare as the paramount consideration.
While Payne v Payne [2001] EWCA Civ 166 remains relevant, it does not create a presumption in favour of relocation.
The modern approach emphasises a holistic welfare analysis.
Key Considerations
- Genuineness of the proposal
- Practical planning
- Impact on relationship with left-behind parent
- Housing and education
- Travel logistics
Each case is fact-specific.