Removal from Jurisdiction Solicitor
Cases where one parent wishes to move overseas with their children can cause enormous stress for all parties involved.
If you believe your children are at risk of being taken abroad without your permission, it is essential that you seek specialist legal advice at the earliest possible opportunity so that measures can be put in place to safeguard your children.
Similarly, if you want to take your children to live overseas and you do not have permission from the other parent, you will need to seek approval from the Family Court. Specialist Child Law legal advice is essential in such matters.
Donna Goodsell, Family Law solicitor, has years of expertise in all types of Family Law matters, including removing children from the jurisdiction. We assist parents from both perspectives and strive to provide a proficient service.
If you need either to prevent your ex-partner from the unlawful removal of a child or to obtain permission for relocation of children, we can provide specialist advice and guidance.
Specialist child jurisdiction advice for clients across London
We recognise removal from jurisdiction matters can be extremely challenging and strive to deliver a stress-free service with your children’s best interests at the centre of what we do.
We can provide expertise on relocation of children matters including:
- Advice and assistance on the unlawful removal of a child from the UK
- Applications to prevent a child from being removed from the country
- Applications to remove or relocate children
Goodsells Family Law has a well-earned reputation for providing clear, proactive advice to parents who are preparing to move overseas with their children, as well as those who wish to prevent the removal of their children from this jurisdiction.
We provide assistance to parents who wish to make an application to the court and have significant expertise in both making and defending such applications. We also work very closely with trusted counsel to represent you in court.
Such matters involving children can be particularly difficult and sensitive. Obtaining accurate legal advice is crucial.
Whatever your circumstances, as specialists in Child Law, Goodsells Family Law has the expertise and commitment to achieve the outcome you desire.
Advice and assistance on the unlawful removal of a child from the UK
It is important to remember that both parents, if they have parental responsibility, must give their consent for the removal of a child from the jurisdiction of England and Wales.
When children are removed from the country permanently without the consent of all adults with parental responsibility, whether or not there is a Child Arrangements Order in place, it is unlawful and breaches the Hague Convention on Child Abduction. It is a serious offence to remove a child without the other parent's permission.
If your child’s other parent has removed your child from the UK unlawfully, our child contact order solicitor in London can assist with providing advice about the options available to you, if there has been a breach of Child Arrangements Order.
Our assistance during this stressful time can include making an application for a court order which will require the child to be returned to their place of habitual residence.
Applications to prevent a child from being removed from the country
If your partner is proposing to remove your child from the country, it can be a daunting situation with concerns on how you will maintain contact with them. It may be possible to obtain a Prohibited Steps Order, which can prevent the other parent from removing the child from the UK.
Our removal of children solicitor can provide specialist advice on your options. We can guide you through the steps of obtaining a Prohibited Steps Order to prevent your child from being taken out of the country. Our solicitor will be there each step of the way, from preparing for the hearing through to providing hearing representation.
Applications to remove or relocate children
When parents divorce or separate, it can be quite common for one party to want to relocate to another part of the UK or even to a different country. If either parent wishes to move abroad and permanently take the children out of this jurisdiction, and the other parent does not agree, they must file a court application asking the court for permission to 'remove' the children, i.e. 'leave to remove', this is known as a Specific Issue Order.
Our solicitor can assist with either making an arrangement with your ex about removing your child from the country through private negotiation or mediation, or we can help you apply to court for a Specific Issue Order, if you are not able to come to an amicable agreement between yourselves.
At Goodsells Family Law, our solicitor has helped many clients in similar circumstances, delivering personalised advice in plain English. No matter the circumstances of your case, we are dedicated to finding the outcome you desire.
Excellent value for money
At Goodsells Family Law, we believe in offering a high-quality service that corresponds with our service rates.
When it comes to legal fees at Goodsells, we believe in complete transparency for our legal fees and will provide a clear cost breakdown from the start. Should there be any additional fees, you can be certain our solicitor will inform you before carrying out any work.
Contact our removal from jurisdiction solicitor in Clapham
Whether you need assistance with the relocation of children after divorce or advice concerning the unlawful removal of a child, Goodsells Family Law is here to help.
Child jurisdiction FAQs
Do parents need permission to relocate abroad with a child?
Theoretically, parents with a Child Arrangements Order may take their children abroad for up to 28 days without the other parent's permission. However, if a Child Arrangements Order states that the other parent may spend time with the children on a regular basis, it is important not to breach this. Therefore, parents should try to reach an agreement about holiday plans, if at all possible.
Do parents need permission to relocate in the UK with a child?
When one parent wishes to move within the UK with their children, this is known as 'relocation'. Parents are not required to get the consent of other parents with parental responsibility and there is no statute or convention in English law to prevent this.
If you do object to your former partner moving with your children to live in another part of the UK, you will need to apply to the Family Law Court for a Prohibited Steps Order.
What does the court look at when considering a removal from jurisdiction order?
When an application is made to the court for permission for removal from jurisdiction, the court will focus on what is in the child’s best interests. It will be important to show the court how the child will maintain their relationship with the absent parent once the move has taken place.
The court will require additional evidence to show you have properly planned the move, such as providing information about how the child will be educated and where you will live. Our solicitor can assist you in preparing this information ready to present to the court.