Removal from Jurisdiction

This how to guide explains the steps that you can take to lawfully move abroad with a child, including what the courts will consider under a Removal from Jurisdiction application.

It is important to know your rights with regard to your children being taken out of the country. This How-to Guide is designed to help parents know their rights in removing or preventing a removal from the jurisdiction

What steps do I need to take to move abroad permanently?

The general legal position

If a person with Parental Responsibility (PR) wants to move their child abroad permanently (out of the jurisdiction of the UK), the written consent of all other people who have PR for the child is required (please see our information page on Parental Responsibility). A move abroad without the appropriate consent of everyone with PR is unlawful and abduction proceedings can commence after a period of one month.

If there is no one else with PR for the child then the sole PR holder can move abroad with the child without requiring any further consent.

We will refer to the people who hold PR for the child as the parents as this is the most common arrangement; however, the same rules apply for people who have obtained PR for the child but are not the parents, such as through a Child Arrangements Order for residence.

If a parent with Parental Responsibility refuses to give consent

If a parent with PR does not consent to the child being moved abroad permanently then the parent wishing to move the child has the following options:

1. Letter – the parent wishing to move the child abroad may write a letter to the other parent setting out their wish to move the child abroad and their reasons for this. They should seek the consent of the other parent and set a reasonable time limit for a response.
2. Mediation – Mediation is a process whereby both parents meet together with an independent third party (‘the Mediator’). Both parents then attempt to come to an amicable agreement with the Mediator. Anything agreed within Mediation is not legally binding.
3. An application to the Court for a legally binding order which allows the child to move abroad permanently. The type of order which would be required depends on whether there is already a Child Arrangements Order in place relating to the child.

If there is not a child arrangements order in place

If there is not a Child Arrangements Order in place relating to the child then the person who wishes to move abroad with the child can apply for a Specific Issue Order to permanently relocate to another country/jurisdiction. A Specific Issue Order allows a person with PR to take certain actions and exercise their PR in a certain way.

The first step is for the applicant (person making the application) to attend mediation (see above). The respondent (the other person who must be informed about the application; in this case, the other parent with PR) does not need to attend. There are some exemptions to the mediation requirement; further information on mediation and exemptions to the legal requirement to attempt mediation before applying for a Specific Issue Order please see our page on Family Mediation.

To apply for the Specific Issue Order the applicant will need to use the following forms:

• Form C100– application form for a Specific Issue Order. This has a fee.
• Leaflet CB1 – guidance leaflets to help fill out the Form C100
• Form C1A – supplementary form used only if there are welfare concerns (Welfare concerns exist where you believe the child has suffered domestic abuse, violence or harm which the court needs to be made aware of). There is no additional cost for this form.
• Form C8 – Only to be used if the applicant does not wish for the respondent to know their contact details. If you use this form please ensure that your contact details are not filled in on any other form or documents which you supply to the court as these may be visible to the respondent.
• If the applicant receives certain benefits or is on a low income then they may qualify for a fee exemption. Form EX160 is used to apply for a fee exemption and leaflet EX160A has further details on fee exemption.

Three additional copies of the C100 and C1A forms should be made and one copy of the Ex160 and C8 (if applicable); these should then be submitted to the family court nearest to where the child is living. The applicant should keep a copy for their own records.

The court will arrange for the respondent to be served with the forms and contacted regarding the hearing.

If there is a child arrangements order in place

If there is a Child Arrangements Order in place relating to the child then the person who wishes to move abroad can apply for a Removal From Jurisdiction Order.

The first step is for the applicant to attend mediation (see above).

To apply for the Removal from Jurisdiction Order the applicant will need to use the following forms:

• Form C1– application for a Removal From Jurisdiction Order
• Form FM1 – Mediation
• Leaflet CB1 – guidance leaflets to help fill out the Form C1
• Form C1A – supplementary form used only if there are welfare concerns (Welfare concerns exist where you believe the child has suffered domestic abuse, violence or harm which the court needs to be made aware of). There is no additional cost for this form.
• Form C8 – Only to be used if the applicant does not wish for the respondent to know their contact details. If you use this form please ensure that your contact details are not filled in on any other form or documents which you supply to the court as these may be visible to the respondent.
• If the applicant receives certain benefits or is on a low income then they may qualify for a fee exemption. Form EX160 is used to apply for a fee exemption and leaflet EX160A has further details on fee exemption.

Three additional copies of the forms should be made and submitted to the family court nearest to where the child is living; the applicant should keep ta copy for their own records. Once the Court has received the completed application this will be processed and allocated a Case Number. We would advise you make note of this as you will need to use this number for future reference. It is then the Applicant’s responsibility (unless otherwise directed by the Court) to ensure that the Respondent has a copy of the application so that they are aware of the impending Court hearing. This must be done at least 14 days prior to the Court hearing date. Providing a copy to the Respondent can be done via:

• Recorded/Special delivery to their address, or
• Handing the documentation to them personally

Once this has been done the Applicant will need to send back to the Court a Statement of Service detailing the date and time the documents were provided, the method used (i.e. post, personal service) and the forms that were sent.

The court procedure

Whether the application has been for a Specific Issue Order or Removal From Jurisdiction Order the court process will be similar.

The Respondent, once in receipt of this documentation, will need to complete an Acknowledgement of Service (C7 form) and return this back to the Court. This form will also detail whether they wish to oppose the application that has been made. If the Respondent has any welfare concerns they can also complete a C1A form and return it alongside the C7 form.

The Respondent can also apply at this stage for an Order such as a Child Arrangements Order, Contact Order, Prohibited Steps or Specific Issue Order (see our Type of Family Law Orders page for more information).

The court will make the order(s) which they believe is in the bets interests of the child.

CAFCASS

One of the Directions that the Court could make at the first hearing is for the intervention of the Children and Family Court Advisory Support Service (CAFCASS). CAFCASS can be asked to conduct a report on what they believe is in the child’s best interests in terms of contact and the child’s own wishes. CAFCASS are often seen as the eyes and the ears of the Judge.

CAFCASS may speak to the child concerned and ascertain their wishes and feelings. Sometimes CAFCASS will supervise a contact session between the child and the non-resident parent particularly if the resident parent raises concerns.

CAFCASS will then prepare a report as to what they believe is in the child’s best interests. The Courts will consider this report as well as the Welfare Checklist (below) and evidence put before them by the Applicant and Respondent when making their decision.

What will the court consider?

During the Court proceedings, the Court will consider the Welfare Checklist. This is a list of factors that the Court considers when making any decision and includes:

• The ascertainable wishes and feelings of the child concerned (considered in the light of his age and under-standing)
• His or her physical, emotional and educational needs
• The likely effect of any change in his or her circumstances
• His or her age, sex, background and any characteristics of his which the court considers relevant
• Any harm which he or she has suffered or is at risk of suffering
• How capable each of his or her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his or her needs
• The range of powers available to the court

In assessing an applications the court will consider the following principles:

• The proposal of the Applicant with care of the child
• The effect of a refusal of permission on the Applicant and child
• The effect upon the child of restricted contact with the other parent and family members
• The motivations of the parties involved

There is no presumption in favour of the parent applying for the order; the court’s decision is dependent upon this parent making reasonable proposals about the move abroad and the practicalities, including arrangements for the parties left behind for contact. The details the court will require will include:

• Detailed information regarding where you intend to live and facilities in the area
• Detailed information relating to schools you are proposing for the child to attend
• Detailed information regarding health care available
• Details of the opportunities available to the child.

What steps do I need to take to remove my child for a holiday abroad?

The general legal position

A person with PR and no Residence Order or Child Arrangements Order in their favour may take the child abroad with the consent of the other parent/person with PR. If the other parent with PR consents to the child being taken abroad, it is advisable that the parent taking the child abroad checks with the travel operator to see what form of consent they require as evidence.

If no consent is given by the other parent/person with PR, the parent seeking to take the child abroad may apply to the Court for a Specific Issue Order (see above).

A parent or other person with a Residence Order (granted prior to 22/4/2014) or who is named as the person with whom the child should live under a Child Arrangements Order may remove a child from the UK for up to 28 days without the consent of the other person with PR. If there are contact arrangements through a Contact Order (granted prior to 22/4/2014) or a Child Arrangements Order and you decide to go abroad you may be in breach of the contact arrangements and should seek to resolve this matter prior to going abroad. If the other person does not have the contact specified in the order then they can apply for enforcement of the order.

A person with a Special Guardianship Order may remove the child from the UK for up to three months without the consent of the other person with PR.

What Can I do to Prevent a Person Taking the Child Abroad?

Generally a person requires the consent of all of those with PR to take a child abroad.

If you have concerns that the person will taker the child abroad without the relevant consent or if there is a Residence Order/Child Arrangements Order in place which allows them to take the child abroad then you can apply for a Prohibited Steps Order if you do not believe that going abroad would be in the child’s best interests.

A Prohibited Steps Order prevents a person from taking a certain action in relation to a child or exercising their PR in a certain way.

The application process is the same as for a Specific Issue Order (see above) and the court will consider the Welfare Checklist when deciding whether granting the order will be in the best interests of the child.

Temporary Removal from the UK for a period of less than 28 days (for a parent with PR) – Flowchart

Temporary Removal from the UK for a period of more than 28 days (for a parent with PR) – Flowchart

Permanent removal from the UK (for a parent with PR) – Flowchart