With our unique legal and psychological approach to your case there really is no other firm you should instruct for your leave to remove lawyer case. We are best placed to either save your children from a UK relocation, or to relocate out of the country, if that is in the children’s best interests. Gregorian Emerson Family Law Solicitors have both personal, as well as professional expertise in child care matters, including advising on leave to remove applications and how to challenge these in court.
Leave to remove cases are one of the most emotive cases dealt with in family courts. They involve many feelings and can raise many frustrations, as for many separated or divorcing parents it can feel like losing someone all over again. Parents are understandably worried that their contact and interaction with their children will be significantly affected. There is also the worry of financial pressure being incurred, especially when the move is a great distance away and involves expensive travel arrangements, like flights or trains etc. There are also concerns that any current relationship shared between them will be reduced, or even compromised over time.
There are many reasons why a parent may wish to relocate to a different area, some justified whilst others are not. If you wish to relocate simply to minimise contact between your child and ex-partner, then the court will see through this very quickly and you can find your own case compromised as a result, as they will not look favourably on you. As experienced leave to remove lawyers we will always talk you through your options prior to you making any life changing decisions. We will always deal with you honestly, making you aware of all the consequences of any decisions you may need to make, before you make them and before they become legally binding.
Some of the most common reasons for wishing to relocate are:
One parent wishes to start afresh, in a new area with no memories.
One parent’s job has been relocated, or they have been offered employment in a different part of the UK, or abroad.
One of them in either in a new relationship, wishes to marry, or has married a new partner who resides in a different part of the UK, or abroad.
One parent may wish to return to their place of birth where they feel they have more family support – again this can be either in the UK or abroad.
The courts will always place the welfare of the child before any parental needs or wishes and therefore persuading the family court that your proposals or reasons for opposing a leave to removal application are genuine, without malice and in the best interests of the child or children can be key to winning the case. We have personal as well as professional experience of successful leave to remove litigation. Prior to establishing Gregorian Emerson Family Law Solicitors, Richard Gregorian was a partner in an international banking practice in the City of London. Against all the legal advice he received, he utilised the joint legal and psychological approach which underpins this firm to ensure a successful resolution of his litigation which has had long-term benefits for the entire family. He treats every client opposing or applying for relocation as if acting in the best interests of his own children and his track record of success speaks for itself. Take a look at our testimonials and see for yourselves.
Unless both parents reach an agreement then any parent wishing to take their children out of the UK to either live permanently in another country, or for a lengthy stay, will need to apply to the family court for leave to remove their child. If you are the parent wishing to relocate you will need to make an application to the court for a Specific Issue Order and if you are the non-relocating parent and wish to oppose this you will need to apply for a Prohibited Steps Order. However, before you can apply for either of these you will need to attend a Mediation Information Assessment Meeting (MIAM) to see if your situation could be resolved through mediation. The initial meeting will take around 45 minutes and can be between just you and the mediator, or with your ex-partner too. Once the meeting has been held the mediator will let you know if they feel your case could be resolved through meditation, as opposed to going to court.
Gregorian Emerson Family Law Solicitors can also arrange Family Mediation to help both parties work through their issues and reach a mutually agreeable solution in cases where agreement cannot be reached. The courts will always place the welfare of the child as the primary concern, so working through any differences within our lawyer supported Family Mediation can help avoid traumatic and potentially costly court action.
With the stakes being so high for you and your children in leave to remove litigation, it could be significantly detrimental to your case if you do not seek our professional opinion and expertise in this area. We are yet to see a relocation case run by another law firm which has been properly formulated beyond the simplistic route of fact regurgitation and blame. We have been successful in achieving early agreement in leave to remove proceedings and maximising cases where previous legal advisers have failed to employ a proper strategic approach to the case or failed to present the case in the most efficient way. Because we are able to facilitate a more constructive dialogue between the parents and highlight the underlying issues, we are able to facilitate early resolution of relocation cases through agreement.
If you are looking for a Leave to remove lawyer then look no further.
Please contact us to discuss your situation if you are either looking to relocate with your children after a separation or divorce, or if you wish to oppose your ex-partner in their application to relocate.
Based in Guildford and Cobham, Surrey Central London, we can help you. If you have a family dispute that needs resolving then don't hesitate to get in touch and let us help you through the process.
Call now to arrange a consultation 01483 826 470