Family Law Solicitors
If you wish to relocate to another location with your child or children, you will need to obtain permission from the other parent. Permission will also be required from any others with parental responsibility for the child.
Head of Family & Partner
If the other person with parental responsibility doesn’t consent to the child’s relocation and an agreement can’t be reached, then an application to the court will need to be made for an order granting permission to relocate.
This type of application is for ‘leave to remove’ the child.
Relocation can be internal, or external, to the current country of residence.
Internal relocation
Moving home with the child within England and Wales.
External relocation
Removing the child permanently from the jurisdiction of England and Wales.
The further away from the current location, the more requirements are needed to be met by the parent who is applying for leave to remove.
Call one of our team to discuss starting and financing your divorce application, your rights and how we can support you through this distressing time in your life.
Head of Family & Partner
“Raj Bhattoa and Vanessa Friend are both particularly notable – great technical knowledge, spot-on tactical instincts, and excellent client-care skills.”
“My overall impression of the client service is excellent. The team is very responsive to emails, always providing timely updates and addressing any questions I have.”
Our specialist family lawyers have vast experience dealing with leave to remove applications. We recommend that the following options are explored when considering relocation:
If both parents can come to an agreement, then the relocation should be thoroughly researched by the moving parent and details should be provided to the staying parent for consideration and negotiations.
If negotiations fail, then the parties can consider mediation. Family mediation consists of a series of discussions where a trained mediator will help to reach an agreement between both parties.
The parent wishing to relocate can make an application to the court for a specific issue order under Section 8 of the Children Act 1989, which regulates where a child will legally reside.
Please note that we do not hold a Legal Aid contract and are therefore unable to provide Legal Aid services. All family matters are undertaken on a privately funded basis only.
The child’s welfare is the primary consideration for the court. The court must follow a particular checklist of needs and requirements, usually individual to the case. They will consider all of the circumstances and facts of the case in order to make a decision.
The parent who wishes to relocate will need to demonstrate to the court that the relocation is in the best interests of the child. The court will want to make sure the child’s relationship with the left behind parent doesn’t suffer.
It must be proven to the court that you’ve carefully considered the move. The court will take a holistic approach and you will need to show that you’ve considered all of the following practical issues:
It’s important to remember the decision of the court will be based on the best interests of the child, and careful consideration will be given to the details of the relocation. It’s therefore vital to have thoroughly planned and considered the proposed relocation.
Hodge Jones & Allen family solicitors have been recognised as one of Chambers and Partners‘ top firms. We’re also noted by the Legal 500 for our commitment to excellence. You can rest assured that our team are highly experienced in handling even the toughest family law cases.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.
