The need for the removal of a child from jurisdiction may arise when a marriage or relationship ends, and one partner wants to leave the country and take the child or children with them. If each parent shares parental responsibility and one parent wishes to take a child outside the jurisdiction of England and Wales, they will need the agreement of the other parent. If agreement is refused, an application can be made to the Court for permission to go ahead with removing children from the jurisdiction.
A detailed and well researched statement in support of an application to leave the jurisdiction will need to be drafted and should include the following:
- A description and history of the current living arrangements and contact arrangements
- The current economic position and contribution to the children’s financial needs.
- An account of the reason for wanting to live abroad.
- Evidence in relation to proposed financial arrangements in the other jurisdiction, including job offers.
- Information about the proposed living arrangements.
- Evidence demonstrating the ties or links to the other country including statements, if appropriate, from friends and family.
- Evidence of any special opportunities which are on offer in the other jurisdiction.
- Evidence of proposed education
- Evidence, if relevant, of the health care possibilities abroad, particularly if the child has any medical difficulties.
- Evidence of the child’s knowledge of or experience of the other jurisdiction and how any language difficulties might be overcome.
- Clear evidence of contact proposals, including information about travel expenses and ease of access, proposals about where the non-resident parent might stay and / or how often it is intended to return the children to the UK.
- Evidence about the foreign jurisdiction’s recognition and enforcement of UK orders.
If you are the non-resident parent and want to oppose an application you will need to consider the following,
- The impact of relocation on you and the extended family. You should gather statements from as many members of the family who have regular contact with the child as possible. The statements should also set out any difficulties which family members would have with taking up contact in another country.
- Income and how affordable it would be for you to visit the child and any difficulties with accommodation
- Your entitlement to holiday time and any other difficulty envisaged in taking trips abroad.
- Evidence about the child’s education and any particular disadvantages to that child in it being disrupted at the particular time or at all and any evidence which tends to show that suitable education cannot be accessed in the other jurisdiction.
- Evidence about the child’s other social links in this country, such as friends, hobbies or sporting activities.
- Evidence about the child’s own wishes and feelings about moving abroad.
- Evidence about the child’s medical or psychiatric needs if relevant.
If permission is granted to remove a child from the jurisdiction then the court can impose certain conditions:-
- Requiring the applicant to lodge a sum of money as a security to ensure that contact occurs.
- Requiring the applicant to ensure that mirror orders are made in the foreign jurisdiction so that contact can be enforced there if it is not maintained.
If you are considering making an application to remove your child from the jurisdiction or if you would like to oppose an application contact Paul Prentice on 01483 237 989 or email him at paul@prenticefamilylaw.co.uk for your free no obligation telephone call.