A court has the power under the Act to impose a condition on a residence order to prevent a proposed move within the UK. Such an order would be exceptional. In the absence of such a condition, there was nothing to require a parent with residence wanting to move to Northern Ireland, first to seek the consent of the court, since this would not involve removal from the UK. In re X and Y (leave to remove from the jurisdiction: no order principle) ([2001] 2 FCR 398) should not be followed, and Payne v Payne (Times March 9 2001 and [2001] 2 WLR 1826) was approved.
Judges:
Thorpe LJ, Astill J
Citations:
Times 29-Aug-2001, [2001] 2 FLR 1277
Jurisdiction:
England and Wales
Citing:
Cited – In re E (Minors) (Residence Orders: Imposition of Conditions) CA 30-Apr-1997
A residence order can not be accompanied by an order as to where a parent with care must live in the UK or with whom. An appeal may well arise in which a disappointed applicant will contend that section 13(1)(b) of the Children Act 1989 imposes a . .
Cited by:
Cited – In re B (A child) (Relocation) CA 24-Jul-2007
The mother appealed against a prohibited steps order preventing her taking the child of the family with her on her relocation to Northern Ireland.
Held: The making of an order either as a prohibited steps order or as a condition of a residence . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 15 May 2022; Ref: scu.162927