When parents separate, it’s not uncommon for one of them to want to move away from the area where they resided with the other. In some cases, this may involve moving the child(ren) of the family to another country, which can naturally lead to issues.
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In C v C [2018] EWHC 3186 (Fam) Mrs Justice Roberts applied the principle which was confirmed by the Court of Appeal in the recent case of Waggott -v- Waggott. The case, which involved entitlement to post-separation income, hinged on the question;
“Is an earning capacity capable of being a matrimonial asset to which the sharing principle applies and in the product of which,
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