Payne (b) motives

Question 1

para (b)

Answer 1

is it motivated by genuine concern for the future of the child’s welfare or is it driven by some ulterior motive? What would be the extent of the detriment to him and his future relationship with the child were the application granted?

Question 2

What could the detrimental effect to the relationship be offset by

Answer 2

offset by extension of maternal family

Question 3

Reduction in contact can be a reason for refusal

Answer 3

Tyler v Tyler; Re K; M v M

Question 4

Courts believe contact can be maintained how

Answer 4

Contact can be maintained indirectly via email, Skype, telephone etc. so contact orders can be made enforceable in foreign jurisdictions. However, in reality it seems retaining contact after relocation can be problematic with expense being a major issue and can it actually be said to be a good substitute for ‘eating pizza and watching a DVD with your dad, or being taken to school by him?’