K v K (Relocation: Shared Care Arrangement) [2011] EWCA Civ 793

Abstract

THE WISDOM OF SOLOMON: RELOCATION ON RELATIONSHIP BREAKDOWNSolomon, the eleventh century King of Israel, was credited with great wisdom and sense. He was asked to decide which of two women was the mother of a child. Obviously in those days medical tests were not available to decide the issue. Solomon declared that the only solution would be to divide the child in two. The true mother, realising the awful consequences of this decision, came forward and declared that the other woman should take the child. Solomon knew immediately that she was the true mother and accordingly the child was given to her. The decision of a court with regard to relocation is reminiscent of the decision which faced Solomon. It is one of the most difficult of family law where decisions are never straightforward. Speaking before a committee at the House of Representatives in Australia, Diana Bryant stated:“Relocation cases are the hardest cases that the court does... If you read the judgments in almost every judgement… you will see the comment that these cases are heart-wrenching, they are difficult and they do not allow for an easy answer. Internationally, they pose exactly the same problems as they pose in Australia. I have heard them described as cases which pose a dilemma rather than a problem. A problem can be solved: a dilemma is insoluble…”