If you need help with a leave to remove case in London then we are here to help you. With extensive experience, both personally and professionally, we are your number one choice to help you through this process.
If one parent wishes to relocate with their child overseas, but the other parent does not agree with this then CAFCASS (Children and Family Court Advisory and Support Service) will usually become involved. They will prepare a report to assist the court in making a ruling. Part of this report may well be made up of them having spoken/interacted with the children, to discuss their thoughts and feelings around this topic.
Every parent is understandably nervous about the prospect of their child being spoken to by a third party and will either be keen for them to be heard, concerned as to what they may say, or believe that the child is too young to understand the situation and therefore unable to communicate any valid opinions. It is important to note that the decision of the court will never entirely be in the hands of the child. Their thoughts and feelings about the situation will be taken into account, but unless they are aged around 15 or older, in which case the Court may say there is no need to make an order, then the decision will be for the Court to make if the parents are unable to agree. So although the child’s views are important the court will recognise that there are many other factors involved and it will not be up to a 10 year old, for instance, to make the final decision of who they live with.
If Cafcass officers are due to speak to your child then rest assured they have had extensive training in knowing the best way to communicate with your child. They will not put your child under any pressure to answer questions or be forced to make any decisions. They will not lead your child to say anything, but will speak with your child to gain an understanding of the situation from the child’s point of view. They can use many different techniques, appropriate to the ages and intellect of different children. Some will be verbal, or some could be drawing a picture or similar. They are trained to work out the very best way to communicate with your child and to open up about their feelings, but if your child did not have a view, or didn’t wish to express one, then they would not be pressured to do so. After all it is not an interrogation.
Cafcass are also aware that some children will have been ‘coached’ by one parent or another to say certain things to promote their case and not the other parents. They are also aware that some children will express a desire to live with one parent over another, based on who gives them the most freedom or who spends the most money on them. These would obviously not be a valid reason for the Court to award a judgement in a leave to remove case.
It is important to stress that not every child will be spoken to. A careful decision will be made by the Cafcass officer and they will weigh up the case and decide if it is in the child’s best interests to be spoken to or if it could cause them emotional harm. Each case is treated individually.
Leave to remove London cases are one of the few areas of family law where there is only a win or lose scenario, there is no middle ground. The child will either be allowed to relocate with one parent abroad, leaving a parent here in the UK, or they will not. They can be very challenging cases, as we know from personal experience, so we will always do our very best to achieve a favourable outcome for you.
Call us today on 01483 826470 and let us help you to a successful outcome.