A party only needs court leave if there is no consent from the other party although if a permanent removal is planned, the country they are moving to may require an order even if the other side agrees.
Where a parent has a residence order for a child and wishes to leave the jurisdiction of the England and Wales legal system for over a month, they are required to obtain the consent of others with parental responsibility and obtain leave to remove the child from the jurisdiction from the courts of England and Wales.
This includes moving to other parts of the United Kingdom and legal services in relation to jurisdiction issues has become more commonplace with the migration of European workers to and from England and Wales.
Neil Remnant advises on jurisdictional issues helping you to obtain the orders you require to travel with your child(ren) or to help you resist your former partner from removing your child from the jurisdiction of England and Wales.
Neil was instructed by the father of one child at the beginning of June 2016. His client had been in a long term relationship with his partner for many years and whilst they had a child together, they had never married.
The mother had started another relationship with a new partner and wished to move abroad to be with him and take the child with her.
Within three weeks of instruction Neil successfully argued that the defendant withdraw the application. The DJ agreed and the child remains in the UK..