If your child has been taken to another country or brought into England and Wales without your consent, you will need to take legal advice urgently. It is important that you take specialist legal advice as a priority to ensure that you do not do anything that will prejudice your case and to ensure as little time as possible is lost following your child’s departure.
We frequently advise and act for parents seeking the return of their child under the Hague Convention but also in cases involving non-Hague Convention countries.
If you are the parent who has taken your child into this country for good reason, and are intending on retaining them here, we can advise and assist you in defending any court proceedings for the return of the child.
Leave to Remove
In some circumstances, an individual will wish to leave England and Wales with their children to either return to their home country, or for a number of other reasons, and they will seek the consent of the other party (as they are required by law to do). If this is contested by the other parent this can lead to contentious and emotional litigation and applications to the court for Leave to Remove the children out of the jurisdiction. We are highly experienced in advising on international relocation cases.
We can advise parents on both sides; those either wishing to make the application for leave to remove their children or those wishing to defend it. We can also assist on the practical complications that may result from a successful application to relocate with a child such as contact with the other parent, and the child travelling between the two countries. We can assist you in making such arrangements and ensuing that all the necessary safeguards are in place.