Case No. ZC21P00327
Family Court

Case No. ZC21P00327

Fecha: 24-Jun-2022

Re F

(A Child) [2012] EWCA 1364; Re C (Internal Relocation) [2015] EWCA Civ 1305 and Re F (A Child) (International Relocation Case) [2015] EWCA Civ 882.54.Additionally, the mother, through her counsel, has referred me to the earlier decision of the Court of Appeal in Payne v Payne [2001] EWCA Civ 166, and in particular the well-known passage of the judgment of Thorpe LJ at [40] to [41] identifying certain factors which may be helpful for consideration in a relocation case. In that regard I have carefully borne in mind the warning expressed by Ryder LJ in Re F (A Child) (International Relocation Case) [2015] EWCA Civ 882 at [27] namely that: “[27] Selective or partial legal citation from Payne without any wider legal analysis is likely to be regarded as an error of law. In particular, a judgment that not only focuses solely on Payne, but also compounds that error by only referring to the four point ‘discipline’ set out by Thorpe LJ at paragraph [40] of his judgment in Payne is likely to be wholly wrong. There are no quick fixes to be had in these important and complicated cases; the paragraph [40] ‘discipline’ in Payne may, or may not, be of assistance to a judge on the facts of any particular case (whether there is a ‘primary carer’ or not) in marshalling his or her analysis of the evidence prior to the all important analysis of the child's welfare.”55.I have also found useful the summary of these cases and the legal framework that applies to international relocation set out by Williams J in Re C (A Child) [2019] EWHC 131 (Fam); [2019] 2FLR 137 at paras [15] and [16].“[15] The most recent and authoritative appellate decision on the approach to permanent overseas relocation cases is Re F (A Child) (International Relocation Case) [2015] EWCA Civ 882 [2017] 1 FLR 979 . The material paragraphs of the judgment are 3, 4, 30-35 (Ryder LJ) and 45-52 (McFarlane LJ). Re F together with the earlier authorities of Payne, Re F,