| | | | | | | News: Relocation of Children | | | Disputes over the relocation of children are a by product of travel/technology and a smaller world. Recession is also a factor and Courts in all jurisdictions are seeing increasing Applications as a result of job seeking in other jurisdictions.
Judges and child custody evaluators often look at relocation issues as the most difficult to resolve. | | | | Statutory Bases | | | | In this jurisdiction, the starting point for any consideration of an Application for relocation to change residence of children must be pursuant to the Section 11(1) of the current Children’s Act 1964 as amended and in particular Section 3 thereof which provides where in any Proceedings before the Court, the custody, guardianship or upbringing of a child is in question, the Court in deciding that question shall regard the welfare of the child as the first and paramount consideration. | | | | There is a lack of Irish case law to guide Practitioners in this jurisdiction in terms of advising parties seeking or opposing an Application for relocation of their children. |
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| | | The most recent Judgement in the Irish Courts pertinent to relocation of children is a the Judgement of Mr Justice Roderick Murphy delivered on the 15th May 2009 in the matter of B -v- OR High Court. In that case the Court believe that the welfare of the children was best served with all three remaining with the mother and allow the mother to move with the children to England. | | | There was a review undertaken by in an English Court Case of Australian, English, New Zealand, US and Canadian Authorities in relocation cases. It was noted that there was a presumption in favour of relocation in the United States New Zealand and Canadian Courts tended to resist it.
In England the child’s welfare was seen as best being served by allowing mothers to choose the geographical proximity between the children and their father based on the theory that a happy mother meant a happy household and if the only way that this could be achieved was at the expense of contact, then regrettably that is how it had to be.
The gravity of relocation Applications is not to be underestimated. The best outcome for any family involved in such Applications must be resolution by agreement rather than by Court Order.
| | | | | | |  For further information, please contact Marion Campbell Solicitors by calling (01) 475 9345, or by filling out an on-line enquiry form. |
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