The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications, inter alia, for practitioners considering which courts have jurisdiction and as to the methods of enforcement available. For guidance, see Practice Notes: Brexit and family law and Brexit—children proceedings. This Practice Note sets out the current position on applications for leave to remove children from the jurisdiction.
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 made changes to the terminology used in family proceedings. An application for leave of the court is now referred to as an application for permission from the court.
Subject to the exceptions provided, it is an offence to remove a child under the age of 16 from the UK (even where a party has a connection with a child) without the appropriate consent. A person connected with the child may obtain the appropriate consent under the Child Abduction Act 1984 (CAA 1984) either by obtaining consent from each of the following: the child's mother; the child's father, if he has parental responsibility; any guardian of the child; any special guardian of the child; any person named in a child arrangements order as a person with whom the child is to live, or any person who has custody of the child;
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.