Here at Gregorian Emerson Family Law Solicitors, we are unique in that we have personal, as well as professional, experience of successful leave to remove litigation. Before starting the company Richard Gregorian was a partner in an international banking practice in the City of London. He was strongly advised against using his unique joint legal and psychological approach in his own case – a case in which he not only achieved a successful resolution, but which also had long lasting positive benefits for his entire family.
That unique joint legal and psychological approach is the very basis of the company and has been fundamental in many of the cases where Richard has successfully acted for clients in cases of relocation, either applying or opposing. Richard will always treat every case as if he is acting in the best interests of his own children and has an excellent track record of success. Our testimonials speak for themselves.
If you are considering making an application to the Court, for a leave to remove case, you should take into consideration that these cases are incredibly emotive and will bring all kinds of your emotions to the fore. They can be extremely damaging to any co-parenting arrangements, both present and future and can also be incredibly stressful, not to mention expensive. An application should be seen only as a last resort when all other means have been exhausted.
Prior to commencing Court proceedings for a leave to remove case, you should try to agree matters with the other parent, by discussing your plans with them and providing them with the reasons why you feel this move would be in the best interests of your children. We understand that this may be extremely difficult, especially if you are facing being the 'left behind' parent. If you cannot agree that relocation is in the children's best interests, then it may be beneficial to you both to attend Mediation and speak to a trained Mediator. A Mediator is someone who is neutral and will remain impartial, they will lead and assist you both to work towards a negotiated agreement. All discussions and meetings which take place remain confidential, so you will have an opportunity, with the expertise of the mediator, to explore the possibility of reaching a mutually agreeable arrangement in a non-confrontational and non-combative environment. It is an opportunity to provide somewhere neutral where you and your former partner can communicate in a less formal environment and be able to express yourselves openly, before any Court process is started and you both become entrenched in your positions. It is important that you enter into mediation with an open mind and be open to flexibility. You need to come prepared to listen AND understand the other parents concerns regarding a leave to remove relocation. It is important that you both try and be as flexible as possible in your approach and listen to the other parent's concerns. You are both the children's parents and should have the best interests of the children at the centre of any decisions made. The parties involved will remain in ultimate control of the proceedings and will be the ones to agree a decision and also the terms of that resolution.
If you feel you are in a situation where the other parent wishes to relocate and they have a very strong case, then you can use mediation as a neutral forum to negotiate with your former partner. You can use it to try to agree the contact arrangements and financial details surrounding the relocation, without actually committing yourself to agreeing the relocation. You may find that in this situation the other parent may be more willing to discuss and agree increased contact and may even agree to contribute financially to your contact, as a means to securing your agreement to the relocation. This would be beneficial to both sides as it will significantly reduce legal costs for you both if the case remains contested. You can also discuss other options, such as delaying the move until the children are older, or have passed a certain year in schooling, so have taken vital exams etc. You can also look at the possibility of relocating yourself and how you can co-parent together in that scenario. There is also a possibility that maybe the relocating parent could go on ahead and leave the children with you for an agreed period of time before they join them.
This will all be discussed in a private, confidential and non-confrontational environment, so you can both state your case calmly and be encouraged to come to a mutually acceptable resolution without the need for a lengthy, expensive, court case.
Due to our extensive professional and personal experience in Leave to remove, we are able to demonstrate a significant degree of empathy and passion concerning these cases, which are extremely stressful for clients in view of the high-stakes nature of this type of litigation. We fight very hard and very effectively for you and your child's interests, but always in a child centric manner, because that, after all is the strongest position. We understand that “children’s best interests” is completely meaningless without understanding what it means psychologically to the family and how to present and prove it.
Based in Guildford and Cobham, Surrey Central London, we can help you. If you have a leave to remove case that needs resolving, we are here to help and look forward to your call. Please contact us on 01483 826 470