Part 7: 'Children Act' Series - Removal from jurisdiction

The world is becoming a smaller place. Travel is more affordable and accessible; businesses are operating on a global scale. Technology and new transport options contribute to the accessibility of different locations and are helping our world become smaller. Indeed, personal relationships conducted over seas are becoming the norm

We are seeing an increase in clients wanting to take children abroad, this may be for a temporary removal, such as a holiday, or a permanent removal as the parent wants to, or needs to move abroad. 

Removing a child from the UK involves several legal considerations. Generally, a child cannot be taken out of the UK without the consent of all individuals with parental responsibility or a court order.

Here are some key points:

1. Consent Requirement: If a parent wishes to take a child abroad, they need the consent of the other parent or a court order

2. Temporary Removal: If the removal is for less than one month (e.g., for a holiday), the person named in a Child Arrangements Order can take the child without additional permissions

3. Permanent Relocation: For permanent moves, the court will must consider the Welfare Checklist, but then must ask the following questions...

“(a): is the parent’s application genuine in the sense that it is not motivated by some selfish desire to exclude the other parent from the child’s life? Then ask, is the parent’s application realistic,  is it founded on practical proposals both well researched and investigated? If the application fails either of these tests, refusal of the application is  inevitable.

“(b) If, the application passes these tests then there must be a careful appraisal of the other parent’s opposition: is it motivated by genuine concern for the future of the child’s welfare or is it driven by some ulterior motive? What would be the extent of the detriment to the child and his or her future relationship with the child were the application granted? To what extent would that be offset by extension of the child’s relationships with any family in the country they are being moved to?

“(c) What would be the impact on the parent wishing to move, either as the single parent or as a new partner/spouse, of a refusal of their realistic proposal?

“(d) The outcome of the second and third appraisals must then be brought into an overriding review of the child’s welfare as the paramount consideration, directed by the statutory checklist in so far as appropriate.

Here at Lawson West, we have a team of dedicated family solicitors who can assist you. Contact us for more information, or for a no obligation initial discussion about your circumstances.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.

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