01483 826 470

 

Leave To Remove

Picture of a lawyer

Leave to remove London and relocating children overseas

Leave to remove London and relocating children overseas

Going through a leave to remove London case can be one of the most daunting and emotional situations you ever find yourself in. There are never any ‘winners’ in these cases and they can turn combative and hostile quickly if not dealt with correctly. Here at Gregorian Emerson Family Law Solicitors we understand how important your children are to you and we will deal with your case as if your children are our own.

Need expert advice from an experienced leave to remove lawyers?

Need expert advice from an experienced leave to remove lawyers?

As experienced leave to remove lawyers we can help you whether you are the parent wishing you relocate abroad with your children, or the parent wishing to oppose the move.

Leave to Remove London & Things to be Aware of

LEAVE TO REMOVE LONDON AND THINGS TO BE AWARE OF

If you are looking for a lawyer to help with a leave to remove case based in London then look no further. 

Here at Gregorian Emerson Family Law Solicitors we have many years of not just professional, but personal experience in this area of law and can help you with any concerns or queries you currently have with your own situation.

Looking for help with leave to remove in London?

Looking for help with leave to remove in London?

As one of the leading lawyers in the field of leave to remove London cases, we are perfectly placed to help you with your case.

Leave to remove Lawyers and your questions answered

Leave to remove Lawyers and your questions answered

If your relationship has irretrievably broken down and you are seeking prefessional advice from an experienced leave to remove lawyers, then look no further.  With many years of both personal and professional experience Gregorian Emerson Family Law Solicitors are best placed to help you with all your child relocation queries.

Looking for help with a child relocation or leave to remove issue in London?

Looking for help with a child relocation or leave to remove issue in London?

If you are a separated parent facing a leave to remove London or child relocation case, then there really is no-one else you should choose to entrust with your families future.

Looking for help with a leave to remove London case?

Looking for help with a leave to remove London case?

If you are currently going through a leave to remove London/child relocation case and are looking for the very best in expert legal counsel to represent you, then look no further.  With many years of both personal and professional experience in this field, we really are best placed to help both you and you family with your unique circumstance.

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 / 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.

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.

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.

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:

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.

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.

Contact us


Please let us know your name.

Please let us know your email address.

Please enter a valid telephone number

Please select one option.

Please select one option.

Please let us know your occupation.

Please let us know your selection.

Please let us know your message.

Call now to arrange a consultation01483 826 470