i-law

Litigation Letter

Removal of Child from Jurisdiction

Payne v Payne (CA TLR 9 March)

The father of a four-year old child appealed against an order giving the mother, who had been born in New Zealand, permission to remove the child permanently from the jurisdiction by taking it to live in New Zealand following the break-down of the parties’ marriage. He alleged that the pie- Children Act 1989 and pre- Human Rights Act 1998 decisions, that the court should not interfere with the reasonable decision of the custodial parent was in breach of the father’s rights to family life under Article 8 of the European Convention.

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