The Custody Minefield Family Law Quizzes

1) According to the guidance in Payne v Payne, which two 'hurdles' should a parent wishing to relocate satisfy, as part of their application?

That they are the children's primary carer
That their plans are well thought through
That the children will be financially better off under their proposals
That their motives are reasonable

2) On the question of the parent seeking to relocate and their motives. Which of the following motives might a court accept as a reasonable? Choose one answer only.

That they wish to move as a lifestyle choice
That they wish to move as they've been offered a job abroad
That they wish to move to be with a new partner
That they wish to move to be closer to their family
That they have a better support network abroad
All of the above

3) Which level of judge should hear a case involving relocation to a non-Hague Convention country (e.g. a country not party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction)?

A District Judge or senior
A Circuit Judge or in the High Court if the case involves particular factual or legal complexity
At any level of the Family Court

4) It is possible for the court to award shared living arrangements (previously referred to as shared residence), even if leave to remove is granted, and the children have homes in two different countries?

True
False

5) Does the guidance within Payne v Payne set a binding precedent on the lower courts (e.g. MUST the court follow the guidance set out in the case Payne v Payne)?

Yes
No

6) Is there a legal principle or evidential assumption in favour of an application to relocate by the primary carer?

Yes
No

7) What matters should a court consider in relation to applications for temporary leave to remove from the jurisdiction, to a non-Hague Convention country (a country which is not party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction). Choose one answer only.

The magnitude of the risk of breach of the order if permission is given
The magnitude of the consequence of breach if it occurs
The level of security that may be achieved by building in to the arrangements all of the available safeguards
All of the above

8) A parent seeking to prevent a leave to remove, should consider applying to the court for...

A prohibited steps order
A specific issue order
A child arrangements order

9) Where a child moves lawfully from England and Wales to another country in the EU (where that country is a party to EC Council Regulation No 2201/2003), how long will the court in England and Wales normally retain jurisdiction?

The foreign courts will have jurisdiction from the day the children relocate
For three months following the relocation
For one year following the relocation

10) Why should form C61 be completed when leave to remove has been granted, where the children are relocating to a country in the EU which is party to EC Council Regulation 2201/2003?

It sets out any contact arrangements for the children which were ordered by the courts in England and Wales
It helps ensure any orders for contact or child arrangements are enforceable in the country where the children are to reside
It confirms who has rights of access
All of the above

11) Which case law is useful to cite to address the argument that "virtual parenting time" (e.g. contact via Skype or Facetime) is an acceptable alternative to physical contact? In this case, the social worker concerned gave opinion that 'you can't hug Skype' and the judge questioned the reliability and suitability of this medium of communication.

F (A Child) [2015] EWCA Civ 181
R (A Child: Relocation) [2015] EWHC 456 (Fam)
Q (Children) [2015] EWFC 345

12) Which circumstances have historically caused a court to reject an application for leave to remove? Choose one.

The relocating parent's lack of historic support for contact
The children do not wish to relocate
Contact arrangements are impractical, unsuitable, or unaffordable
Relocation will disrupt the children's education at a critical stage
Proposals for childcare, schooling, accommodation, financial support do not bear scrutiny
False allegations during proceedings have raised questions about the relocating parent's motives
The level of distress that the relocating parent might experience were their application refused was exaggerated
All of the above

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