Making a 'leave to remove' applications as a separated parent

Where can you relocate to?

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.

What are my options?

Our specialist family lawyers have vast experience dealing with leave to remove applications. We recommend that the following options are explored when considering relocation:

1. Solicitors negotiations

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.

2. Mediation

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.

3. Application to court

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.