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Leave To Remove

Leave to remove, we are here to help.

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Leave to remove, we are here to help.

Leave to remove London and parental responsibility.

Leave to remove London

If you are looking for a lawyer to help with a leave to remove case based in London, then look no further. Put simply Gregorian Emerson Family Law Solicitors are the pre-eminent family law solicitors in the area of acting for parents applying for and opposing the court's permission to relocate with their children, known as ‘leave to remove proceedings’. There is no other firm you should instruct to either save your children from being relocated or to relocate out of the country, if that is in the children’s best interests.

Leave to remove London

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Leave to remove London.

Help with leave to remove cases.

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Help with leave to remove cases.

Looking for a leave to remove lawyer based in London?

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Need help with leave to remove in London?

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Duration of Child Return Proceedings were a Breach of Human Rights

The European Court of Human Rights has recently given its decision in a case brought by a father who claimed that court proceedings concerning the return of his child lasted so long they were a breach of his rights under Art 8 of the European Convention on Human Rights (right to respect for private and family life).

Leave to Remove and the Payne Discipline – Breaking the Impasse

In this two-part article Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors explain the difficulties they perceive with the arguments relied on by critics of Payne v Payne and why the focus in defending these critically important proceedings should be on ensuring due process. The second part of the article will appear next week.

Leave to Remove – Improving Due Process

Richard Gregorian and Gavin Emerson of Gregorian Emerson Family Law Solicitors argue that the focus in defending leav to remove proceedings should be on ensuring due process.

S (Children) [2011] EWCA Civ 454: Leave to remove/international relocation

Showing how unique the circumstances can be in these types of cases, the leave to remove application was by the father in this instance and related to 2 children aged 16 ½ and 12. At 1st instance, the father was granted permission to relocate with the children even though mother had residence and was the primary carer and he only had the stereotypical alternate weekend and one day midweek contact. Both children expressed a wish to relocate to Canada with their father. Indeed after the permission was granted the eldest left so the application was essentially whether the youngest should also be allowed to relocate. That depended upon an assessment of the youngest child's needs quite separate from the understandable driver of keeping both siblings together. On that basis it was held that the child the subject of the appeal (“C”) should remain in England.

Re D (Children) [2010] EWCA Civ 50: Leave to Remove/International Relocation

Re AR (A Child: Relocation) [2010] EWHC 1346

This is often quoted as the case which confirms judicial unhappiness with the current Payne V Payne discipline in deciding leave to remove cases.

Re (A Child) [2010] EWCA Civ 1137: Leave to Remove/International Relocation

This was a full appeal hearing by a father who had been unsuccessful in opposing the applicant mother's relocation application to Australia. This case is important because it looks at the effect of whether due process evidentially had been respected. There had been no CAFCASS report and the father alleged the mothers mental health had not been so serious as to persuade him from making an application to remove the child from mother’s care.

W (Children) [2011] EWCA Civ 345: leave to remove

This case is important important for a number of reasons.

The case of R & another v A [2011] EWHC 1158 - Leave to Remove/International Relocation of Children

Following a recent intensity in the number of leave to remove cases, the case of R & another v A was decided by Sir Nicholas Wall, The President of the Family Division.

C (A Child) [2011] EWCA Civ 72 – Leave to Remove/International Relocation

This case is another illustration of the fact that if judges have concerns about granting permission for relocation-in this case on the grounds of the applicant mother's negative feelings towards the father then it will balance out the maternal distress argument in order to allow the unique features of that case.  This case was a permission to appeal case which meant that the applicant mother did not even get off the blocks in seeking to reverse the trial judges refusal to permit the child concerned to relocate in order that she could live with her English born husband who had lived in Australia for 23 years.

A Client's Blog...Leave to Remove

My client posted a blog regarding her experiences with Leave to Remove and the court process. The following is the post:

The Importance of Non-Legal Skills in Private Law Disputes Relating to Children, Including International Relocation ("Leave to Remove") Cases

Despite the well-intentioned and very significant efforts invested by those involved in resolving private law children disputes within the family justice system (including international relocation or "leave to remove cases"), I do not believe that the critics of the system – mainly those parents unfortunate enough to be involved in it – are wholly unjustified in certain very important aspects of their criticism.

Mother wins reprieve in international custody dispute

Four sisters caught up in an international custody dispute have been allowed to remain with their mother in Australia for a further month after a Family Court judge agreed to another hearing, reports the Brisbane Times.

Leave to remove / international relocation - A Lawyer’s (all too personal) view

A commercial litigator presents a highly personal view of some perceived procedural and evidential flaws in leave to remove / international relocation cases, borne out by his own experiences in successfully defending an application through the family courts.

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