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Family Law
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast will involve an overview of the courts approach in recent Transfer of Residence cases. Katherine Kelsey will be discussing what can be done to make contact work, she will also provide practical advice for those advising absent or contact parents in families where shared care and co parenting is in issue.

After completing the course you will:
  • Be aware of the approach of the courts in recent transfer of residence cases;
  • Understand the overarching test for transfer of residence;
  • Be aware of what considerations the courts will have when establishing the best interests of the child in these cases;
  • Understand the concept of ‘alienation’ from a parent and the courts approach when there is an alienated child;
  • Understand the importance of biological parents raising a child in these cases;
  • Know how and when to apply for a transfer of residence;
  • Know how to best present a transfer of residence case;
  • Understand the requirement for expert evidence in these cases;
  • Be aware of the role active case management and judicial continuity play in these cases.
Intermediate Difficulty: 3 of 5
Sources and References:
  • H (Children) [2007] EWCA Civ 529;
  • Re K (Interim Residence Order) [2004] All ER (D) 276 (Dec);
  • Re A (a child) (residence order) [2007]EWCA Civ 889;
  • C (A Child) [2007] EWCA Civ 866;
  • V v V [2004] EWHC 1215 (Fam)[2004] 2 FLR 851;
  • Re A [2007] All ER (D) 156 (Jun);
  • Re A (Children) [2009] EWCA Civ 1141;
  • TE v SH and S [2010] EWHC 192;
  • S (A Child) [2010] EWCA Civ 325;
  • Re S (A Child) [2010] EWCA Civ 219;
  • Re S (A Child- Transfer of Residence) 11 August 2010;
  • D (Children) [2010] EWCA 496 Civ;
  • B (A Child) [2009] UKSC 5;
  • Re G [2006] UKHL 43.

In this podcast, Katherine Kelsey, a barrister from 1 King’s Bench Walk, considers Transfer of Residence cases and provides some practical advice for those advising parents in such cases.

Podcast last reviewed: 2011-06-07

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