Taking a child out of the country

Applications for Leave to Remove

No parent may remove their child from the country without the written permission of everyone with parental responsibility for the child or the permission of the court. Removing a child from the country without permission or leave of the court is a criminal offence under The Child Abduction Act 1984, whether the removal is intended to be permanently or for a holiday.

The only exception to this is where there is a residence order in place. In this event a child can be removed from the jurisdiction for up to one month without the other parent's consent or the court's permission.

When considering an application for Leave to Remove a child the court will consider: the Welfare Checklist; the motivation of the applicant parent and the other parent's motivation for refusing to give permission; the effect of refusal of leave upon the applicant parent and respondent parent; the effect on the child of denial or limitation of contact with the other parent; how well-planned and realistic the proposed move is; etc.

 How we can help

  • If you wish to remove a child from the country and the other parent does not consent, we can assist you in obtaining their consent through negotiations, mediation or collaborative law.
  • If it is not possible to reach an agreement, we can assist you in bringing an application for Leave to Remove through the courts. e charge a fixed fee of £400 + vat (£80) + court fees (£200 only payable by the applicant), total £680. This covers the preparation of the application and all work up to and including representation at the first court appointment.
  • If you object to the removal of your child from the country, we can advise you about your prospects of successfully preventing the removal of your child, and assist you in defending any application for Leave to Remove.

Need further advice?

If you need more detailed advice about applying for or defending an application for Leave to Remove call us on (01228) 829530 to arrange an initial consultation or request a free call back.