Leave to Remove
Leave to Remove from the Jurisdiction of England and Wales: Holiday or Permanent Relocation
In family law, the term leave to remove refers to the legal process by which a parent seeks permission to take a child out of the jurisdiction of England and Wales on either a temporary basis for a holiday or permanently to live abroad. These applications are governed by the Children Act 1989 and the Child Abduction Act 1984, and they raise complex issues around parental responsibility, child welfare, and international law.
Temporary Removal for Holidays
A parent wishing to take a child abroad for a holiday must obtain the written consent of all individuals with parental responsibility. If consent is refused or cannot be obtained, the parent must apply to the Family Court for permission.
However, if a parent has a Child Arrangements Order stating the child “lives with” them, they may take the child abroad for up to one month without needing consent. This exception does not override contact arrangements with the other parent, and any travel that disrupts agreed contact may still require the other parent’s consent, or court approval.
Permanent Relocation Abroad
Permanent removal from the jurisdiction is a more serious matter. A parent seeking to relocate with a child must either obtain written consent from all parties with parental responsibility or apply to the court for a Specific Issues Order (SIO) granting permission.
In such an application, the court’s paramount consideration will be the child’s welfare. The court will assess:
Opposing a Leave to Remove Application
A parent who opposes the travel, be that for a holiday or a permanent relocation, can apply for a Prohibited Steps Order (PSO) to prevent the child from being taken abroad. The court will weigh the risks of abduction or non-return, especially if the destination country is not a signatory to the Hague Convention on Child Abduction.
Legal Consequences of Unauthorised Removal
Removing a child from England and Wales without consent or court permission may constitute child abduction under the Child Abduction Act 1984. This can result in civil and criminal proceedings, and efforts may be made to secure the child’s return.
Conclusion
Whether it is for a short holiday or for a permanent relocation, removing a child from the jurisdiction of England and Wales requires careful legal consideration. Parents should seek early legal advice, explore mediation where possible, and ensure that any application is child-focused and well-prepared. We can help you with your applications, be they for a PSO or an SIO.