Removal from jurisdiction
Leaving the UK with your children after a divorce can cause you legal issues. In addition, if your ex-spouse is trying to leave the UK with your children, you will probably want some assurances about what this means for you.
In these circumstances, there is a legal process that should be followed, but that alongside this, you will be dealing with the emotional consequences, particularly if your ex-spouse is trying to leave the UK.
We understand that this situation is extremely stressful for you, but we can help you to understand exactly what your rights are whether you are planning to leave the UK or if it is your ex-spouse.
Leaving the UK With Your Child
Both parents normally have parental responsibility for their children and this parental responsibility continues after you get divorced. Therefore, if either you or your ex-spouse decides that they want to leave the UK with your children, there must be agreement from the other to do so.
If there is no agreement, an Order will need to be obtained from the court to take the children abroad. This Order is called a Specific Issue Order granting you ‘permission to remove the children from the jurisdiction’.
The court’s primary concern will be to consider what is best for the child or children. If the court finds that the move abroad is being used as a method to avoid contact to the children, the court will almost certainly not grant permission. Whilst the court’s primary concern is the welfare of the child or children they will also take into consideration the impact on the parent left behind.
If you are planning to leave the UK, you will need to demonstrate to the court that you have researched the move thoroughly. This will include details such as plans about schooling and a place to live. it is necessary to shown that you have thought about contact with the parent staying in the UK too and that you have plans in place to ensure this happens. All of these details will assist your application.
If you are faced with the situation where the other parent wishes to leave the UK with the child or children and you do not think that is in the child or children’s best interests, you too can make an application to the Court to prevent the removal. You have to apply to the Court for a “prohibited Steps Order”. The court will consider your application and if an agreement cannot be reached, will make a decision based on all the facts
If your ex-partner is trying to take your children from the UK, you will be understandably worried, we can offer you clarity on the legal issues you face.
The welfare of the children in either scenario is paramount and the Court will prioritise the child or children’s welfare when making a decision and will consider what is in the child or children’s best interests.
Why Choose Us?
If you are looking to take your children outside of the UK, or your ex-spouse is planning a move, it is crucial that you know exactly what your rights are. It is for this very reason that we offer all our family law clients a 15-minute Initial Review call. This will enable us to discuss your circumstances to arrange a Fixed Fee Consultation which will help you to clarify where you stand, the processes involved and how much a court order will cost. This will give you the opportunity to carefully consider how to proceed.
If either scenario outline above affects you, you will be understandably worried, but we can offer you clarity on the legal issues you face. Get in touch today to find out how we can help.
Contact Us Today
If you need help to move your children abroad or your ex-spouse is leaving the country it is really important to get advice as early as possible, so talk to us today – we can help.
We offer an initial 15 minute Removal from the Jurisdiction Review to talk through your situation and inform you of the next steps and how we can assist you.
You can call us on 0800 014 8575 or 0203 5407665 or complete our Free Online Enquiry and we’ll be in touch soon to arrange a 15-minute initial Telephone Consultation at no charge.