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Judge seeks international debate on taking children abroad after divorce
Thu 01 Jul 2010
An appeal court judge has called for an international debate on whether parents should be allowed to take their children abroad following a divorce.
According to Lord Justice Thorpe, England and Wales are far more permissive than other Commonwealth jurisdictions when it comes to cases involving lone parents relocating overseas.
Therefore, he believes there would be a "considerable advantage" in having an international agreement on the matter, so the same principles can be applied in deciding relocation cases in other countries, such as Australia and Canada.
Speaking to BBC Radio 4's Today programme, Lord Thorpe said the subject needs addressing because relocation and abduction are "two sides of the same coin".
He stated that while the Hague Convention of 1980 governs abduction and wrongful removal, judges determine relocation cases and they have different approaches all around the world.
Lord Thorpe said an international protocol would bring some uniformity and certainty into relocation cases.
However, he added that if an international norm is to be achieved, the English and Welsh approach would have to be moderated.
Carol Ellinas, a partner at Winckworth Sherwood Solicitors, commented: "Applications for permission to relocate children to another country are increasing in number because so many marriages are international.
"When the relationship breaks down it is not uncommon for one party - often but not always the mother - to want to return to their home country with the children where their support network is.
"Solicitors have to advise on the merits of bringing or defending an application for 'leave to remove from the jurisdiction'.
"Over recent years there have been many reported cases which assist lawyers when advising clients.
"The primary concern must be what is in the best interests of the children and if their carer is demonstrably unhappy remaining in the country.
"The courts also want to be satisfied that this parent will make a genuine effort to maintain the relationship with the other parent.
"To date there has been no attempt to study the long term effect on children following such moves abroad.
"Before signing up to any international agreement this should be undertaken."
