A parent who wishes to take their children out of the UK to live in another country or for a lengthy stay in another country will usually have to apply to the family court for leave to remove their child or children.
The non-resident parent may oppose their children living overseas for any number of reasons – and may even apply to the court for a Child Arrangement Order (previously known as a Residence Order) to prevent the child being taken abroad and/or enable them to become the resident parent.
Because of the complex issues that often surround leave to remove (LTR) applications, it is crucial to take expert legal advice from a specialist child care lawyer when preparing the application to ensure the best chance of success.
If you are opposing an LTR application, again it is vital to take expert legal advice on your options and how to make the best case for your child or children not being taken out of the UK.
The court always places the welfare of a child before any parental needs or wishes – and therefore persuading the family court that your proposals or reasons for opposing a leave to removal application are realistic and in the best interests of the child or children can be key to winning the case.
Duncan Lewis children lawyers have acknowledged expertise in child care matters – including advising on leave to remove applications and how to challenge these in court.
In cases where agreement cannot be reached between a couple, Duncan Lewis can also arrange Family Mediation to help both parties work through the issues and reach a solution, without recourse to the courts.
The courts will always take into account the welfare of the child so working through any differences within lawyer supported Family Mediation can help avoid traumatic court action.
Both parents can appoint their own Duncan Lewis child care lawyer to give independent legal advice at every stage of the mediation process – Duncan Lewis’ own Mediators include Resolution qualified Professional Practice Consultants.
Duncan Lewis is ranked by the Legal 500 2014 for its Family & Matrimonial work – and the Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children Panel – so our team is well placed to help you with child care issues involving leave to remove applications or opposing these.
Duncan Lewis children lawyers offer a fixed fee for an initial client interview and assessment of a private child care matter involving a leave to remove application – or how to oppose an application to take a child out of the UK.
After a case has been assessed, it is usually possible for a fixed fee arrangement to be put in place – and Duncan Lewis will always advise clients of the costs in advance.
Duncan Lewis is also one of the UK’s largest providers of Legal Aid family law services – including child care law – and in some cases may be able to offer Legal Aid funding for child care cases, including help with the costs of applying for court orders if a client is on benefits or has a low income.
Duncan Lewis children lawyers always advise clients who are seeking help with child care matters – or who are in dispute over a leave to remove application – to get in touch as soon as possible before the situation escalates.
Once you have contacted Duncan Lewis, we can act swiftly in any child care matter and put in place measures to help resolve the issues and prevent further dispute and/or legal costs mounting up.
For expert legal advice on all child care matters – including Leave to Remove Applications – contact Duncan Lewis Children Lawyers on 020 7923 4020.