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.
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.
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.
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.
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.