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Leave To Remove A Child From The Country

Solicitors in Essex & London


If you have children and are considering moving to another country and wish to take the children with you, you will need the permission of any other person with parental responsibility for those children.

Typically this will be limited to the children's' other parent and even if your children's other parent does not have parental responsibility they should be consulted at the outset to possibly prevent unnecessary court proceedings.

Applications and Guidelines

When an application is made for permission to remove a child permanently from the court's jurisdiction, which is England and Wales, the court must decide what is in the best interests of the child or children on the basis that the child or children's welfare is paramount.

The court has set guidelines which must be considered in determining such applications. However, these are just guidelines and not exclusive of other important matters which could arise in individual cases. It will be a matter for the judge hearing the application to determine what weight will be given to each of the particular guidelines.

These are:

  • The welfare of the child is always paramount
  • There is no presumption created by The Children Act in favour of the applicant parent
  • The reasonable proposals of the parent with a Residence Order wishing to live abroad carry great weight and consequently the proposals will have to be scrutinised with care as the court needs to be satisfied that there is a genuine motivation for the move and not the intention to break contact between the child and other parent to an end
  • The effect upon the applicant parent and the new family of the child of a refusal of leave is very important. The effect upon a child of the denial of contact with the other parent, and in some cases family, is very important
  • The opportunity for continuing contact with the child and the parent left behind may be very significant

It is not by any means a foregone conclusion that an application to permanently remove a child from the jurisdiction of the court will be successful.

If a court has already made an Order for joint or shared Residence in respect of a child it is less likely that an application for permission to remove will succeed.

Find out more

If you are thinking of going abroad with your child, or if your partner has informed you that he or she wishes to move abroad and take your children with them, we would strongly recommend that you make an appointment to see one of our Family Law specialists as soon as possible.

At Pinney Talfourd Solicitors we have a specialist team of solicitors who are available to assist you.

Book A Free Initial Family Consultation

  

Find out more with a free initial Family law consultation

If you are considering adoption or are in the process of making an application to the court for an Adoption Order, our expert family law team will be happy to see you for a free 30-minute initial meeting to discuss any difficulties you are having with the process.

We will provide you with some general advice which will enable you to plan your future and determine what the best next steps are for you to take. Free consultations with our family solicitors are available at any one of our offices across Essex and London.

Our Family law accreditations include:

APIL
Legal 500 2017 - Leading Firm

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