In order to remove a child from the jurisdiction of England and Wales you will need the written consent of the other parent (and anyone else who has parental responsibility for the child). If they do not give their consent, you can apply to the Court for permission to remove the child from the jurisdiction, known as Leave to Remove.
A Leave to Remove application is an application to the Court to take a child to live outside of the jurisdiction of England and Wales. Parents will be encouraged to try to reach an agreement by way of mediation. If this is not possible, the case will need to be considered before a judge
Whether you are seeking to persuade the other parent or the Courts, you should consider the following:
A parent with a live with Child Arrangements Order can take their child abroad for up to 28 days without written consent of the other parent.
In the event, that a child is taken out of the UK for longer than 28 days, without the written consent of the other parent or the Court’s permission, you will be in violation of the Child Abduction Act 1984 and steps can be taken to return the child to the UK.
If you believe that relocating your child to live abroad is not in their best interests you can challenge a Leave to Remove application by making an application for a Prohibited Steps Order.
Duncan Lewis is ranked and recommended by the Legal 500 UK Legal Directory 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 any specific issue disputes.
For expert legal advice on private law children matters, to include making a Leave to Remove application, call Duncan Lewis Private Law Children Solicitors, or request a call using our online form.