Any parent who wishes to relocate abroad with their child will need a specialist Leave to remove lawyers, to help guide them through the process. We have extensive experience in this area, not just professional but personal too and can help guide you through the process, whichever side of the situation you are on.
Any parent wishing to relocate their child outside of the UK will need to obtain permission from the other parent, and/or anyone else with parental responsibility for the child. They will also need to apply to the court for an Order granting them permission to remove the child from the UK. These are known as Leave to remove cases, or LTR.
The courts will ALWAYS put the needs of the child first and will always look at what is in the child's best interests. The welfare of the child is paramount in these cases and if they feel the move is unreasonable or that there are compelling reasons, they will refuse the application. Things the courts will look at are listed below:
Is the application genuine? They will need to be satisfied that it is not just an attempt to remove the child from the other parents life. They will need to see that contact can still be maintained, how it will be achieved and that it is affordable for both parties. Practicalities of travel need to be addressed too, such as can the child or other parent access flights or trains easily. Can the other parent make weekend visits etc? They will need to see that telephone or skype contact can be kept, obviously this will be age appropriate, but even a small child can speak on the phone for a short while and interact with the other parent on a skype call etc.
Are the removing parents plans well researched and realistic? Have they researched where they will live, where the child will go to school, is there a place there for them? Will the removing parent be working, or how is the lifestyle to be financed? Will English still be their main language and if not, has adequate provision be made for the child to continue learning it, or are they attending an international school?
Is there a social network for the child? This is often easier where it is a parent of foreign nationality wishing to return to their native country, as there will be a network of grandparents, siblings, cousins etc to help with the children. If this is not the case they will need to see that provisions for the child can be made, as in extra curricular activities etc to allow the child to integrate into their new lifestyle and form new friendships.
We can help you if you have concerns that your child may imminently be removed from the UK (abducted) against your wishes and without a court order. This will involve obtaining a 'prohibited steps order' which will prevent the other parent from removing the child abroad whilst the case is ongoing. It is extremely important, if you feel your child is going to be removed, that you act quickly and obtain legal advice sooner rather than later to avoid this happening. If you have a serious concern and feel that a removal is imminent you should contact the police and, if possible, try to retain the child's passport.
We can help you with your Leave to remove case in a variety of ways including, where relevant:
Advising you on emergency steps to take to prevent the removal of the child.
Issue an urgent application for a prohibited steps order to prevent the removal of the child.
Make an application to the courts for an order giving you permission to leave.
Defend an application with you for permission to remove to remove a child.
Help you and your partner to reach a mutually agreeable solution to your individual situation.
We are expert Leave to remove lawyers, with personal experience of the situation and will treat your child's best interests as if they are our own.
Using our unique legal and psychological approach to your individual situation we will help you to make decisions based on the best interests and welfare of your child. Whilst we can appreciate that feelings and emotions can run high at this time with your ex-partner, it is vitally important that you put your personal disagreements to one side and work together for the best outcome for your children. When emotions are high and not in check they can slow down any negotiations and put all parties on edge and in an attack position, something we are keen to avoid. One key thing in this is to think back to when you were a child and ask yourself how you would have felt/did feel, if/when a parent left the house and how you would have/did feel by not seeing them as frequently? A lot of parents have not looked at the situation from the child's point of view, but this is the main priority in cases of Leave to remove, as although the parents relationship may have broken down, their individual relationships with their children have not. Just because you two may have many reasons to not want to be together, are any of them good enough reasons that make your partner unfit to partake in the child's daily life? Bare in mind that the children did not ask for this situation so their feelings and emotions have to be carefully listened to and taken into account. They cannot be ignored or glossed over, no matter what age they are. If you do not listen to your childrens opinions on the matter and make decisions without consulting them, then you are setting yourself up for a backlash somewhere down the road.
For all your Leave to remove questions, we are here to help you. We have extensive expertise in this field and look forward to helping you with your individual circumstances.
Call us today on 01483 826470 and let us help you to a successful outcome.