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Key takeaways from the Home Secretary’s Statement on Asylum Reforms: 30-months permission to stay for new claims and transitional arrangements for pending cases
Oliver Oldman
The Court of Appeal judgment on 25 July 2012 in the case of Re: W (Children) [2012] EWCA civ 999 reaffirmed the well-established principle that it is in children’s best interests to have relationships with both parents following divorce or separation. Despite this, it is all too common for parents who are separated to lose focus of what really is in the best interests of their children and instead focus on their own experiences with their former partners/spouses.
Last summer, the Court of Appeal of England and Wales, in MK v CK, signalled a dramatic shift in the approach to international child relocation cases. In cases with care significantly shared between two parents, the courts will now often refuse permission to relocate a child abroad.
The press reported in early January that the Government is considering proposals to promote shared parenting and to give rights in law for parents to have contact with their children. Action groups will undoubtedly welcome any proposals which recognise the role fathers often play in their children’s upbringing. As a general principle, the courts consider that it is in a child’s best interests to have regular contact with both parents. It will therefore be interesting to see how far the proposals go and whether there is, in practice , any change to the current legal position.
Oliver Oldman
Jessica Etherington
Tajmina Begum
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