When one parent wants to move to another country with their children following a divorce or separation, it can be challenging, both for them and the parent left behind. Leave to remove applications can be used by a parent to secure permission from a court for an international relocation with children, but they can potentially be opposed by the other parent.
At Sharp Family Law, we can advise parents who wish to relocate with children as well as parents seeking to prevent their children being taken abroad. We can support you in making or opposing a leave to remove application, as well as seeking to find an amicable solution without court proceedings if appropriate.
We recognise that dealing with these complex situations involving children can be stressful and confusing. Through empathetic personal support and strong legal representation, we seek to make these matters easier on you and your loved ones, while ensuring your and their best interests are protected.
Our experts in the international relocation of children can help with matters including:
- Agreeing permission to take a child abroad
- Permission letters to take children abroad
- Applying to a court for permission to relocate abroad with a child
- Opposing a leave to remove application
- Seeking a Prohibited Steps Order to prevent your child being taken abroad
Speak to our leave to remove solicitors in Bath, Bristol and Bradford on Avon
For clear legal advice on a leave to remove application, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.
Frequently asked questions about leave to remove
Can I relocate abroad with my child?
If you wish to move abroad with your child or children, you will need to consider who else has legal parental responsibility for them. Either everyone with parental responsibility will need to agree to the move or you will need to secure permission for it from a court.
A child’s birth mother will always automatically have parental responsibility, while biological fathers and other second parents will usually have this if they were named on the birth certificate or married/in a civil partnership with the birth mother at the time of the birth.
The first step in relocating abroad will, therefore, be to make sure you are clear about who has parental responsibility and then seek their permission to take the child abroad. You should get a written permission letter to take your child abroad to avoid any later dispute about whether permission was given.
If someone with parental responsibility does not provide permission to relocate abroad with a child in the UK, then you would need to make a ‘leave to remove’ application to a court.
Can I move with my child without their father’s permission in the UK?
As covered above, you would need the father’s permission or permission from a court to take your child abroad, assuming the father has legal parental responsibility for the child.
If you are relocating within the UK, you do not need permission, but if you are moving a long distance away from the child’s other parent, then this could potentially cause an issue with any agreed or court-ordered child arrangements. If the distance you are moving would mean that it is not realistic to continue your current child arrangements, then you might need to negotiate revised child arrangements or apply to a court for a new Child Arrangements Order.
What is a leave to remove application?
A leave to remove application is an application to a court for permission to take a child outside of the UK (also referred to as ‘removing the child from the jurisdiction’).
What is involved with a leave to remove application?
Before making a leave to remove application, you will generally need to show that you have attempted to agree permission with your child’s other parent. If this is not appropriate, e.g. due to a history of domestic abuse, this requirement can potentially be waived.
You will need to provide the court with information such as where you are moving to, the reason for the move, how contact will be maintained with the child’s other parent (if appropriate), arrangements for your child’s education and healthcare in your new country, and your financial arrangements (including how you will meet your children’s needs).
If your child’s other parent continues to oppose the application, then you will likely need to attend a court hearing to present your case. It is strongly advised to have expert legal representation for these hearings to ensure your case is presented effectively.
How much does a leave to remove application cost?
You will need to pay a court application fee as well as the legal fees of your solicitors. These fees will depend on your circumstances, so we can advise you of the likely costs when you contact our team.
What will happen if I take my child abroad without permission?
If you take your child abroad for more than 28 days without the permission of everyone with parental responsibility or a court, then you would be in breach of the Child Abduction Act 1984. This is a criminal offence, so you could face prosecution as well as legal steps to return your child to the UK.
Can a leave to remove application be challenged?
Yes, a leave to remove application can be challenged by anyone with parental responsibility for the child in question. For a successful challenge, you would need to be able to show why the move was not in the best interests of your child, how it would negatively impact your relationship with them and/or why it was not practical e.g. for financial reasons.
Why choose Sharp Family Law for help with international relocation?
Sharp Family law is home to one of the largest dedicated family law firms in the Bath and Bristol area. As such, we can offer both breadth and depth of expertise for even the most complex and challenging matters, such as international child relocation.
Our experts in Bath, Bristol and Bradford on Avon can quickly get to grips with your situation and clearly explain your legal position to you. We can then advise you on your options, supporting you to protect your family and make the best decisions for you and your children.
Independent recognition for our family law expertise includes:
- We are ranked by leading client guides the Legal 500 and Chambers & Partners
- Several of our team are members of Resolution– the professional network for family lawyers committed to taking a non-confrontational approach to family law
- Richard Sharp is a trained collaborative lawyer and family mediator in both the UK and the USA
To find out more about our expertise, please take a look at our family law team.
Speak to our leave to remove solicitors in Bath, Bristol and Bradford on Avon
For clear legal advice on a leave to remove application, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.