Relocation orders

Question 1

what is the colour in the book for this and section?

Answer 1

its pink and its the children Scotland act 1995 S3.

Question 2

if they do not get consent from the other spouse because they do not say anything what do you do?

Answer 2

apply under S11 2 (c) or (e)

Question 3

if a child is moved withouth the permissin of the other spouse then what should they do?

Answer 3

an interdict then they must apply under S11 2 (f)

Question 4

relocations within the UK?

Answer 4

then they must usually get the consent of the other spouse or obtain a residence order from the court.
section 11 c

Question 5

case for wanting to take your child away

Answer 5

In M v M (2008) it was held that the mother wanted to take her son to spain with her. she argued that there was good education prospects however the court refused and made a list of reasons which should be taken into account

Question 6

case which showed that no list can be made when taking into consideration whether a residence order should be made with a parent

Answer 6

in the case of L v JL it was held that each case should be taken on their merits and no set formula can be followed. and so this is authority for this.

Question 7

Burden on who? which case?

Answer 7

m v m (2012)
there is now a burden on the person seeking to move the child why they should be moved.
1- to show that the relocation would be in the childs best interests.
2- to show from the childs perspective that it would be better for an order to be made then none at all.