S and DV

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  • Leaving Jurisdiction
    • Poel v Poel
    • Payne v Payne 2001
      • Re AR (A Child) Relocation 2010 - judges uncomfortable with how Payne was applied - welfare principle seemed to have been demoted 
    • Re D 2010 - too much emphasis on wishes and feelings of parent wanting to relocate - not sufficient consideration of the impact on the child not being able to maintain contact with second parent 
    • The Washington Declaration on International Relocation
      • reaffirmed that welfare principle has to be overriding determining factor - impact of refusing permission to relocate on primary caregiver is just one of many factors - will not be given elevated status 
    • K v K (Relocation; Shared Care Arrangement) 2011 - created a set of principles
      • Re F (Relocation) 2012 - emphasised principles - article 8 rights should also be considered - article 8 is right to family life 

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