Already on ArticleSlash?

Forgot your password? Sign Up

Landmark Divorce Ruling is Long Overdue


Visitors: 180

The UK Court of Appeal recently repealed a judgement stipulating that a divorced mother could return to her native Canada with her two children. To the untrained eye, this judgement may seem inconsequential, as UK newspaper the Daily Telegraph has pointed out, however, this is by no means the case.

Generally, following a divorce, courts have allowed the resident parent – generally the mother – to relocate following a request on the basis that refusal would have a detrimental emotional impact on said parent which would, in turn, have a negative effect on the parent’s children. The judge that chaired the father’s appeal in the aforementioned hearing declared, however, that preventing the child from seeing her father – with whom she stayed two nights each week – would have a detrimental effect on the psychological wellbeing of the child that outweighed the negative effects refusing the application could have on the child’s mother.

This particular precedent – considering that experts declared that regular contact with both parents was highly beneficial to children of divorce some time ago – is clearly long overdue. Ultimately, what is being indicated here is that, provided a non-resident parent makes the effort to have regular contact with their children, then UK courts are far less likely to allow the resident parent to relocate to foreign climes and take their children with them.

Whilst this ruling is highly significant in itself, it is important to look beyond the effects it will have on parents that wish to relocate. Those who fail to look beyond the immediate and apparent ramifications of this judgement will, in fact, miss its most significant implication: UK courts are moving towards parity when addressing family matters.

For quite some time now, the family courts have tended to favour mothers when passing judgement on issues concerning residence on the presumption that the child was likely to share a stronger bond with this parent. Fathers, as a result, were rarely awarded residency of children and were instead afforded the prospect of seeing their child every other weekend or one night a week. These arrangements have been met by criticism and understandably so.

Now it would appear that these arrangements are set to change and our family courts will now be acting in a fairer manner – a change for the better, surely.

The Divorce Blogger writes for Quickie Divorce . Further articles can be found at the Quickie Divorce Blog .


Article Source:

Rate this Article: 
California Structural Pest Control Board Disbanding Is it Overdue?
Rated 4 / 5
based on 5 votes

Related Articles:

An Education Long Overdue For Hugo Chavez

by: James W Smith (December 16, 2007) 

How long does divorce take?

by: Lilly Anne (September 26, 2011) 

Long Island Divorce Lawyers Say the Internet Causes Breakups

by: Joseph Knuden (February 19, 2008) 

Divorce - Dealing With the Short and Long Term Effects

by: Alvin Yakatori (July 10, 2008) 

Divorce Decree - Work With Your Ex to Save You Both Long Term Cash

by: Darren Cason (June 04, 2008) 

Overdue Tribute to Bing Crosby

by: William Torpey (February 27, 2008) 
(Arts and Entertainment/Music)

Clean Water: An Overdue Investment

by: Eric Eckl (July 26, 2010) 

Mums: The Best Weapon For Collecting Overdue Debts?

by: Martin McAllister (January 08, 2007) 

Review The Landmark Forum

by: John U. Lord (June 17, 2008) 
(Self Improvement)

California Structural Pest Control Board Disbanding Is it Overdue?

by: Karl Fabian (June 28, 2008) 
(Home Improvement/Pest Control)