LawTorn: Conversations from the Frontline of Family Fights
LawTorn: Conversations from the Front Line of Family Fights
Hosted by Samara Dutton, Partner in our Private Wealth Disputes Team, and Philippa Dolan, Partner in our Family Team. LawTorn is a podcast exploring family law, divorce, wills disputes, and inheritance challenges.
When family disputes turn into legal battles, emotions run high and the court system can feel daunting. In this new podcast series, Samara and Philippa draw on their experience in family and inheritance law to unpack the legal processes while honouring the very human stories behind this kind of litigation. They discuss the emotional and practical difficulties their clients face, the similarities and differences between family and civil court’s approach to these, and how lawyers can help clients find resolution and regain a sense of calm amid conflict.
Our hosts will explore topics including common-law marriage, will challenges, prenups and postnups, as well as the moral questions that arise when families fracture. With insights from guest experts and colleagues, LawTorn aims to demystify complex legal concepts and procedures while making family law and dispute resolution more accessible.
If you have a question you’d like Samara and Philippa to discuss, please send it to lawtorn@collyerbristow.com. New episodes will be released on the last Monday of each month.
Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.
LawTorn: Conversations from the Frontline of Family Fights
Can I Move Abroad with My Children After Separation?
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In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, explore the complex legal issues surrounding relocation disputes involving children after a relationship has broken down.
Responding to a listener's question, they consider the situation of a mother who wishes to return to her native Italy with her two children following the breakdown of her marriage, but whose husband refuses to consent to the move. The discussion explains why a parent cannot simply relocate with a child without the other parent's agreement or the court's permission, and the serious legal consequences of doing so.
The conversation examines how the courts approach relocation applications, with the child's best interests remaining the paramount consideration. Samara and Philippa discuss the factors judges take into account, including the child's relationship with both parents, education, healthcare, support networks, and the practical realities of maintaining meaningful contact following a move. They also explain the role of CAFCASS, independent social workers, mediation, and the challenges of resolving what are often highly emotional, all-or-nothing disputes.
The episode also explores the legal distinction between international and internal relocation, including moves within England and Wales, as well as the implications of international child abduction under the Hague Convention. Samara and Philippa discuss how relocation decisions can affect related financial proceedings on divorce and the practical arrangements courts may put in place to preserve a child's relationship with the parent left behind.
As ever, the discussion reflects on the human impact of these cases, balancing a parent's desire to rebuild their life with the importance of maintaining a child's relationship with both parents. The episode highlights the emotional complexity of relocation disputes and why seeking specialist legal advice at an early stage is essential.
This episode provides practical insight into child relocation applications, parental responsibility, international child abduction, the Hague Convention, internal relocation, and how the family courts determine what is in a child's best interests.
Stay tuned. New episodes of LawTorn are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com.
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