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Leave To Remove

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.

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



An article by Richard Gregorian, principal of Gregorian Emerson Family Law Solicitors (www.gelaw.co.uk) and Gavin Emerson, Brief Strategic Therapist.

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