Leave to remove—external relocation
Leave to remove—external relocation

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Leave to remove—external relocation
  • The Child Abduction Act 1984
  • Removal where there is no CAO regulating living arrangements in force
  • Removal from the jurisdiction when there is a CAO which makes provision as to with whom a child is to live
  • Temporary removals
  • Permanent removal from the jurisdiction
  • Application of case law
  • Relocation cases involving shared care
  • Practical considerations
  • Cases in which leave was refused
  • more

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.

The Child Abduction Act 1984

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;