If you are separated and wish to emigrate with your children outside England and Wales, in most cases you will require the agreement of the other parent.
Where this agreement is refused, an application can be made to the Court for permission to remove the children from the jurisdiction.
The basis for the Court’s decision is the welfare of the child.
The Court has to balance the effect of refusal of permission on family of the parent that the child lives with, against the reduction in contact between the child and the other parent as a result of emigration.
There are a number of matters the Court will wish to be informed about in any such application, all of which our specialist solicitors will advise you on at the outset of our instruction to ensure your case is fully prepared.
Contact a member of the team for advice.