The case of R & another v A [2011] EWHC 1158 - Leave to Remove/International Relocation of Children

Following a recent intensity in the number of leave to remove cases, the case of R & another v A was decided by Sir Nicholas Wall, The President of the Family Division.

This case does not consider leave to remove law and Payne v Payne in detail but rather deals with a couple of practical issues relating to what was a contested leave to remove application to Kenya by the child’s extended maternal family against the biological father.  The former withdrew their application amongst uncertainties of whether the correct forum for such a decision on the child's living arrangements should be in this jurisdiction or Nigeria, where the child was habitually resident.  The respondent father argued the application should be dismissed, not withdrawn, effectively to support any future argument against the English court having jurisdiction, and the applicants made to pay his costs.

The President decided that the correct way to proceed was to permit the applicants to withdraw their application, having consented to the respondent father taking the child back to Nigeria and to order the respondent his costs under rule 28.1 of the Family Procedure Rules 2010.