What is the Welfare Principle and how does it inform the court process in leave to remove cases?
The difficult situation faced by divorced or separated parents, when one parent wants to move to another country with the children against the wishes of the other, can cause enormous distress and anguish to everyone involved.
If the parents cannot agree what should happen between themselves, very often the court has to determine what should happen. This is known as ‘leave (i.e. permission) to remove’. In such cases, the applicable legal principle is that the welfare of the individual child or children is the court’s paramount consideration.
Maeve O’Higgins explains how this principle is applied by the courts and lists the Welfare Checklist factors in a recent article, published online in The Divorce Magazine. To read the article in full, please click here.