Leave to remove—client guide
Leave to remove—client guide

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

  • Leave to remove—client guide
  • Can I move to live abroad with the children?
  • Making an application to court
  • Objecting to a proposed relocation
  • The court’s approach

This document provides general guidance regarding an application for leave to remove children permanently from the jurisdiction. Your family lawyer will be able to provide specific advice based on your circumstances.

Can I move to live abroad with the children?

If you are separated or divorced and want to move abroad permanently with your children, you must obtain written consent from the other parent and/or any other person who has parental responsibility for the child. If the other parent will not agree, you can apply to the court for permission (this is known as a leave to remove or relocation application).

Making an application to court

If you are intending to make a relocation application, it is very important that you have thought through all the practicalities of what life will be like for you and the children in the new country. A court will want to know about your plans, which you will have to set out in a detailed statement. Yo