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Words: | Submitted: Mon Jun 19 2006
... has a residence order in his favour to take the resident child out of the UK for periods amounting to less than one month without consent or leave of the Court. This is unlimited provided each individual trip does not exceed the one-month limit. Periods beyond this, including emigration cases, require consent or leave of the Court. The origins of the case law surrounding relocation are usually attributed to the case of Poel V Poel2. Here leave to remove was granted and seemed to revolve around the 'reasonableness' of the custodial parent's proposals. The Court emphasised that regard should be had primarily to the welfare of the child and that once a child was settled well into custody arrangements then "a Court should not lightly interfere with such reasonable way of life as is selected by the parent to whom custody has been rightly given.3" This approach was reiterated in the 1973 ...
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