If you are looking for a lawyer to help with a leave to remove case based in London, then look no further. Here at Gregorian Emerson Family Law Solicitors we can help with all aspects of your leave to remove London case and have a wealth of not only practical, but personal experience in this area of law.
It can be an unfortunate consequence of a family, where the parents are from different countries, that when, or after, parental relationships break down, one parent may wish to relocate to another part of the world to live, taking the children with them. This can 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. Child relocation applications to the court (leave to remove) are on the rise, with the increased movements of people around the world.
Court’s will always look at these cases from the welfare of the child and what is best for them. Some of the things they will be consider are;
- 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 applying parent if they receive a refusal of their realistic proposal?
4. Is the opposing parent’s objection 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 opposing 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 maternal/paternal family and homeland?
It is vitally important to consider both the motives of the parents and the parents’ plans.
Although technically, permission may not be needed in situations where only one parent has parental responsibility (and it is that parent who wishes to relocate abroad with the child), great care should be taken not to relocate without the other parent’s permission, otherwise you put yourself in danger of the real risk of child abduction proceedings in the civil and criminal courts being initiated. Written permission should always be sought from the other parent in all cases and if not provided then it is highly advisable for an application to be made to the court for leave to remove from the jurisdiction. This would then protect you from further action and possible abduction charges.
In the past judges were believed to almost just approve applications from the primary carer successfully through. Nowadays it is not quite so easy for applications for leave to remove to succeed, in fact recent judgments from the court of appeal have shown a move towards a slightly more balanced view of leave to remove cases and the importance of children’s relationships with both of the parents. There are many times and examples where the case law can make it more difficult and even stop applications being successful.
The Children and Family Court Advisory and Support Service (CAFCASS) looks after the interests of children involved in family proceedings. It is independent of the courts and social services, but works under the rules of the Family Court and legislation to work with children and their families and then advise the courts on what is considered to be in the best interests of individual children. They can agree with the application is in the child’s best interests, recommend a refusal of the application, or say it is finely balanced and not make a definitive recommendation to the court, leaving the Judge to decide.
Although going through a leave to remove case may seem like quite a mine field and difficult to navigate, we will be there to help you all the way through the process. With our unique legal and psychological approach we can help you to mediate with your ex-partner 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 London case, based in Guilford, London then call us today on 01483 826470 where we can talk you through the process.
