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Leave To Remove

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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.

We have extensive experience, both personal and professional, in these cases and are well versed in the law and decision making that needs to be applied. We also have our own unique legal and psychological approach, which enables us to obtain a proper understanding of your situation, which can help to minimise the possibility of a dispute either developing or escalating, through improved communications.

Without this approach many lawyers will enable combative situations to flare up further by restricting communication between both parties, starting a ‘blame game’ between you, or a ‘point scoring’ environment of blame, none of which will be helpful if your case goes to court. Our ability to combine both legal and psychological approaches for our clients is very frequently the decisive factor in them succeeding in achieving their desired outcomes in negotiation, mediation or litigation.

Preparation, preparation and preparation are the key things in these cases. You need to be fully prepared, with all the facts and figures pertaining to your case, before you go near a court room. We can help you to see the key facts in your situation and to then build on those to strengthen your case – whether you are the relocating parent, or the remaining parent.

Court’s will always put your child’s best interests first and we will always give you professional guidance as to the likely outcome of your case, whichever way we think it will go. We can use this to negotiate things like,  improved contact, in cases where we are representing the remaining parent with a relocating parent who, in our professional opinion, has a good chance of success. We will always be honest with you, even in cases where it may not be the news you want to hear – but we will help you deal with the situation and make it as favourable to you as we possibly can.

The main points the courts will consider are:
Is the application genuine – as in, it is not motivated by any selfish desire (from the relocating parent) to exclude the child from contact with the remaining parent?
Has the application been researched thoroughly and practical proposals put forward?
What would the impact be on the relocating parent if the application were to be denied? (From the perspective of them as a single parent, or in a new marriage and where their application is realistic)
Is the remaining parent’s objection driven by a genuine concern for the child’s welfare, or is it for a different reason, i.e. just to be difficult towards the relocating parent?
How would the relationship between the remaining parent and the child be affected if the application were to be granted?
Would this be offset by an improved relationship with new family relationships – if moving to the relocating parent’s homeland, with family members to have an active relationship with the child?
Whilst all the above points are very valid, the courts will also look at the specifics of your individual case and ascertain what the important facts are.

The current relationships the child enjoys with family in the UK will also be given consideration, as if there are strong bonds in place now then these will be taken into consideration also.

How will the child’s education be affected by any move abroad AND changing schools? Will they be taught in English, or in a language they either speak little or none of at this time? How will that affect them and do they have the capacity to learn and cope with studying in a new language? Are they at an important time in their education – i.e. exams or moving to High school – and how will this affect them? Is the education standard comparable, improved, or worsened by a move abroad? Are there extra-curricular activities to help the child to settle into the new school and make new friends? Or after-school clubs to help with childcare, where needed? All these are just some of the questions that will need answering to show thoughtful and effective research has been carried out.

The child’s wishes will be taken into consideration too, as long as they have the maturity and mental capacity to understand the questions being asked of them. However a child cannot make a decision themselves on where they wish to live until 16 years of age. The courts will also wish to know the child’s understanding of the new destination: have they ever visited there, was it just for a short trip, and was it for a holiday or have they previously lived there for a period of time?  All this will have a bearing on your case, so as leave to remove London lawyers we can help you to navigate through all the questions you have and help you to understand your case and likely outcome, before you make any decisions pertaining to it.

The courts will also wish to see how the child will be affected by the move in terms of: cultural and/or language differences, existing friendships, if they are involved with sports teams etc, how their relationship will change with their UK family members, where one exists currently – and if one does not then will a move prevent one ever being established?

The relationship and contact with the remaining parent also requires a great deal of thought and planning. How will contact be continued and what form will it take – i.e. Skype, facetime, telephone calls, social media? Is there a large time difference that needs to be factored in before calls can be made? How frequent is it realistically possible for physical contact to take place and who pays for this?  How expensive is travel between the two countries?  Is the relocating parent able to bring the child back to the UK for contact, if not can provision be made for the remaining parent to visit?  Can the child travel back to the UK alone?  Whilst this is an awful lot of information to take in and questions to go through we are experts in this field and can help you with any leave to remove lawyers London questions you may have.

The only consideration the court will have when determining a leave to remove application, is the welfare of the child. This is absolutely THE most significant consideration and supersedes any other points raised, no matter how important they are.

Whilst the above are all important points for your consideration, it is important to understand there are many others we haven’t covered.  Leave to remove cases need to be thoroughly researched and open to detailed scrutiny, we will ensure that we are able to understand the full details of your case and tailor your application, or objection, with your child’s best interests at the heart of it.

Based in Guildford, Surrey, we are able to help you with any leave to remove/child relocation issues you may currently be experiencing.

Call us today on 01483 826470 and let us help you with your situation.

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