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Leave To Remove

Need expert advice from an experienced leave to remove lawyers?

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Need expert advice from an experienced leave to remove lawyers?

 

As experienced leave to remove lawyers we can help you whether you are the parent wishing you relocate abroad with your children, or the parent wishing to oppose the move.  Our role is to ensure that the research and preparation of your case is conducted thoroughly, whether we acting in support of, or agains,t the proposed relocation.  How this information is collated and ultimately presented is key to ensuring the best chance of success for your individual case.

We have not just professional, but personal experience in this area and will always treat you as an individual throughout the process.  We will always take time to know the finer details, not just the big picture, to give us the best chance of a successful outcome.  We will always put your children’s best interests at the heart of any decision making and will be open and honest with you about your case, even if it is not always what you wish to hear.

In today’s society with many more international families, or multi-cultural partnerships it is inevitable that when a relationship breaks down one parent may wish to relocate to a different country.  Child relocation applications to the court (leave to remove) are increasing with the increased movements of people around the world and these cases can evoke many emotions and be a time of great stress and unease for the one parent whose relationship with the children they feel may either be at risk, or will be diminished if this happens.

Some of the reasons parents wish to relocate are:
A parent wishing to return to their country of origin, where they are familiar with the lifestyle and culture and there will also be a network of family and friends available to support them.
A new job has been offered to one parent, where there is a financial benefit and/or better long term prospects.
One of the parents has met a new partner, who comes from a different country and wishes to relocate to be with them – or the new partner may have been offered a job abroad and there is a need to relocate to accept  the job.
Alternatively some parents may wish to relocate to a country they have no connection with, but feel they can offer the children a better quality of life through better job opportunities if they relocate there.

Whatever the reason it is vitally important that both parents demonstrate that their reasoning is genuine and not motivated by a selfish desire to obstruct the relationship between the children and the other parent, or that they are not motivated by a selfish desire to just ‘make things difficult’ for the other parent.

The court’s first consideration will always be to determine what is in the best interests of a child in each individual case. Some of the things that will be considered are;

1. Is the application genuine, i.e. that it is not motivated by a selfish desire to exclude the other parent from the child’s life?
2. Is the application realistically founded on practical proposals that have been both well researched and investigated?
3. What would be the impact on the parent of a refusal of her realistic proposal?
4. Is the opposing parent motivated by a genuine concern for the future of the child´s welfare or is it driven by some ulterior motive?
5. What would be the extent of the detriment to the remaining parent and their future relationship with the child if the application is granted?
6. To what extent would that detriment be offset by the expansion of the child´s relationships with the extended family and homeland?

Any plan for relocation needs to have been well researched and detailed to present to the courts.  They will want to see that you have looked into the relocation extensively and not just on a whim.  You will need to show evidence you have given due consideration to the following:
Any links with the new country, including statements from friends and family over there – especially if you will be relying on them for childcare or accommodation
Information on why you are choosing this particular destination and your reasoning for wishing to relocate outside of the UK.
Any visa requirements or immigration issues and how you propose to handle these.
Education proposals for your children – i.e. which schools, are there places available, childcare etc.
Where you will live – are you renting or buying and how will this be funded.  This is to check there is a realistic proposal for a home and that it is affordable.
Financial information – i.e. how will you be funded, do you intend to work, do you have a job offer or is there an expectation of employment being easy to secure.
Is childcare required and how will this be arranged – will it be family and can they provide a statement to corroborate this, are you using a child-minder or similar, is there a cost associated with this.
How do your children feel about the proposed move – do they support it, or are they against it.  If they object to it how are you proposing to manage their objections?
What healthcare provision is available in the proposed country?  What arrangements can/have you put in place to ensure both you and the children are covered in the event they are needed?  This will cover all health based requirements including, medical, dental etc.
Most importantly the court will need to see how you have planned contact between you (as the relocating parent) and the parent ‘left behind.’  You will need to have a detailed plan of all the practical arrangements, things like time difference and travel time will need to be considered here.  How often can they meet physically, or will it be predominantly over Skype/facetime, social media etc.  Telephone calls are no substitution for actual physical contact, so the court will want to see reasonable plans for travel arrangements – who is paying for them, how often can they feasibly happen, what duration they will be etc.

There are many more things to consider before proceeding to court and as experienced leave to remove lawyers we can help you with any queries or questions you may have and also put your mind at rest with some of the finer details.  We will never let you enter court proceedings without you being fully aware of all options open to you and will always let you know, in our professional opinion, of how we feel your case may be decided – and put plans in place if it may not be in your favour.

Until recently it was highly likely that a leave to remove case would be approved in favour of the primary carer (usually the mother) with little thought or consideration to the left behind parent (usually the father.)  However courts now have a more balanced view of the importance of the children’s relationship with both parents and this means that it is more difficult for relocation cases to be approved, especially where a detailed and reasonable opposing statement can be presented.

We totally understand how navigating through a leave to remove case may seem like a mine field and difficult to understand with all the intricacies, however we will be there to help you all the way through the process, making sure you understand every decision and explaining everything to you in layman’s terms not legal jargon.  As expert leave to remove lawyers we are best placed to help you with your relocation case - whichever side of the fence you are on.

We also have our unique legal and psychological approach, where we can help you to mediate with your ex-partner (where appropriate) and come to a mutually agreeable conclusion, with your child’s interests at the heart of it.

If you are looking for a lawyer to help with a leave to remove lawyers case then call us today on 01483 826470 where we can talk you through the process.

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