Leave to Remove - Sample Statement and Case Law
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For many parents who find themselves facing the prospect of an ex partner wishing to emigrate and take the children with them, there is a distinct lack of advice and support from the legal profession. Legal aid is limited, the number of firms of solicitors that will provide legal aid is dropping all the time.
I recently spoke with a father who had shared residence, shared care of his children, but who had been told by five firms of solicitors he had no case to prevent Leave to Remove being granted, and he should simply concentrate on the amount of contact he'd have with his children once they emigrated. The solicitors appeared unaware of relevent case law which supports Leave to Remove being refused. The Leave to Remove application has now been dismissed following the father having received support from McKenzie Friends.
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For parents such as him, I've got together with a number of family law advisors to put together a draft statement setting out the main grounds that a Court may consider relevent to dismissing a Leave to Remove application.
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The information below crosses the boundary between a statement and a skeleton argument, and over the next few weeks we'll separate the information between the two. Due to the number of parents seeking advice on LTR in recent weeks, we felt it important to make information available at the earliest opportunity. It's a work in progress but useful none-the-less. It is intended to assist parents in instructing their solicitors.
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It remains the case that the majority of Leave to Remove applications are granted, the children emigrate and lose contact with one parent, their extended family and social network. This can be devastating for all concerned.
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The arguments contained within the statement below are not provided to give anyone an unfair 'advantage', but to help ensure that parent is aware of the legal arguments that can be used to help ensure that the child's welfare is properly considered by the Court.
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Make the statement your own. Delete those parts that aren’t relevant, add in details of your own circumstances which are, change the parts highlighted in bold {XX} brackets to fit your case and delete the GUIDANCE NOTES that have been provided to assist you.
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If using a solicitor, take the completed statement with you to your first meeting. If you don't have a solicitor, I'd recommend you join Families Need Fathers and ask for their advice. The charity can be found at www.fnf.org.uk and they also assist mothers and grandparents.
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There are several grounds which have assisted in defending against leave to remove applications. None are guaranteed, but they will assist you if they are relevant to your circumstances. Within the draft statement (below) are references to case law which can be cited as guidance for the Court which support these grounds for refusal:
1] That the motives of the applicant (parent wishing to take the children abroad) involve seeking to limit, reduce or prevent the child's relationship with their non-resident parent due to continued hostility;
2] That the plans for the move and the child's subsequent care are not practical;
3] There exist concerns about the resident parent's ability to provide care;
4] There is a lack of any support structure abroad should the resident parent be ill, or the child be ill etc;
5] That a strong bond exists between the child and non-resident parent;
6] That the child currently benefits from a shared care arrangement between the resident / non-resident parent;
7] The child is sufficiently mature to understand what impact the move would have on their life and wishes to remain in the UK.
In relation to point 7 (above), be aware that asking a child to choose places an incredible pressure on them and may be harmful. Please avoid doing so! Ideally, it should be left to CAFCASS to discuss what the child wants in the event they are mature enough to understand the implications of what the move would entail.
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While each case must be judged on its own merits, the following circumstances will make the granting of leave to remove more likely and your legal argument and subsequent statement needs to address these. Make sure you also explain to the Court the strength of your relationship with your child/ren, what they stand to lose should the application for Leave to Remove be granted, and how the move will impact on them in terms of disruption to their social and educational development. Remember that the Court is interested in the impact on the child and their welfare far more than your rights as a parent.
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The circumstances which make a Leave to Remove application more likely to be granted are:
1] as a non-resident parent, you haven't been able to see your children often;
2] there are no concerns as to the resident parent's ability to provide care;
3] the plans for the move are well thought through;
4] a support structure exists to assist the resident parent with the care of the children;
5] the plans for continued contact with the non-resident parent are practical;
6] if the parent applying for leave to remove has genuine reasons for desiring the move which are unrelated to any sense of hostility towards the non-resident parent;
7] the resident parent has remarried and your children have step-brothers / sisters (the Court would rarely agree to the new family being divided);
8] the child is sufficiently mature to understand what impact the move would have on their life and wishes to emigrate with the resident parent;
9] it can be demonstrated that refusal of leave will be sufficiently emotionally or psychologically harmful to the resident parent or their step-parent that it impacts on the care of the child.
My thanks to members of the charity Families Need Fathers for assisting me in this project, particularly Alastair Patterson, Jeff Botterill and John Denbigh.
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The majority of leave to remove cases are applied for by mother's who are resident parents which is why the information in this page is styled towards fathers. We are aware that some mothers find themselves in identical circumstances when the father is awarded sole residence and subsequently wishes to move abroad with the children. I, and the people who worked on this project, firmly believe that children need both parents in their lives, and are happy to assist either parent irrespective of gender.
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Mike Robinson
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IN THE {NAME OF COURT} COURT Case No: {CASE NUMBER}
FAMILY DIVISION Date: {DATE}
Statement No:1
No of Exhibits: {3}
IN THE MATTER OF {CHILD’S NAME}, d.o.b. {DATE OF BIRTH}
BETWEEN:
{NAME OF PARENT APPLYING FOR LEAVE TO REMOVE} Applicant
and
{YOUR NAME} Respondent
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STATEMENT IN SUPPORT OF THE RESPONDENT’S
REQUEST THAT LEAVE TO REMOVE BE DENIED
OR RESIDENCE BE GRANTED IN FAVOUR
OF THE RESPONDENT
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I, {YOUR FULL NAME}, of {YOUR ADDRESS} make this statement knowing the contents to be true and that it will be placed before the Court.
1. A chronology is attached to this statement but the history and current arrangements can be summarised as follows. [ref {YOUR INITIALS}1]
2. The Applicant and I married in {YEAR} which granted me legal parental responsibility for our child{ren}. ALTERNATIVELY INCLUDE HOW PARENTAL RESPONSIBILITY WAS OBTAINED...EG BY SHARED RESIDENCE OR PARENTAL RESPONSIBILITY ORDER OR REMOVE THIS PARAGRAPH IF DON'T HAVE PARENTAL RESPONSIBILITY
3. The Applicant and I divorced in {YEAR}.
4. I have been employed as a {YOUR OCCUPATION} for {X} years (INCLUDE THESE DETAILS IF RELEVENT e.g. school teacher etc).
5. My family and friends all live within {LOCATION}.
6. WRITE IN CURRENT RESIDENCE CONTACT ARRANGEMENTS E.G. {CHILD/REN’S NAMES} currently resides with the Applicant during the week, and resides with myself every other week from Friday evening to Monday morning. Holidays are shared. These arrangements were EITHER {agreed OR provided for} EITHER {by Court Order OR by Court Order by consent} made on {date}.
7. With regard to my financial commitment to our child/ren daughter, I pay {X}% of my salary towards {his OR her OR their} upkeep while in the Applicant’s care.
8. {CHILD/REN’s NAME/S} have benefited from a considerable amount of time spent with their grandparents who are devoted to them and to whom the children are very close. DESCRIBE THE AMOUNT OF CONTACT/EXTENT OF THE RELATIONSHIP
9. IF YOU ARE REMARRIED AND HAVE CHILDREN FROM YOUR NEW RELATIONSHIP, INCLUDE DETAILS OF YOUR CHILD/REN’S RELATIONSHIP WITH THEIR STEP PARENT AND STEP BROTHERS AND/OR SISTERS.
10. Although the existing arrangements do not afford me as much time with {CHILD/RENS NAME/S} as I would like, I ensure that the time that we spend together and the time spent as a family is quality time. {CHILD/REN’S NAME/S} {has OR have} a strong bond with myself, their paternal grandparents, their cousins, Aunts, Uncles and our family friends.
11. DESCRIBE YOUR CHILD E.G. {CHILD/REN’S NAME/S} {is a OR are} very sociable, quietly confident and happy child{ren}.
12. On {DATE}, I was {asked my opinion OR I was advised} of the Applicant’s intention to move to {COUNTRY} with the children. I am contesting this decision on the following grounds:-
a. I submit strongly that this move, which would be substantial deviation from the existing status quo and, is not in {CHILD/REN’s NAME’S} best interests;
b. {CHILD/REN’S NAME/S} would be separated from their {mother OR father}, grandparents (both maternal and paternal), and extended family, much to their detriment;
c. IF A CHILD HAS ANY SPECIFIC MEDICAL NEEDS AND TREATMENT, INCLUDE DETAILS OF THESE AND HOW YOU ARE ABLE TO MEET THOSE NEEDS.
d. Should {CHILD/REN’S NAMES} move to {COUNTRY}, they will not only experience the loss of familiar surroundings in relation to their home with myself, they will also miss the Applicant’s extended family and friends;
e. By {CHILD/REN’S NAMES} losing their existing social network of friends from school, and removal from school, this would undoubtedly have some affect on {his OR her OR their} social development, sense of identity and sense of belonging;
f. I fundamentally believe that a move to {COUNTRY} will have a disruptive and damaging impact on {CHILD/REN’S NAME/S} educational needs and development. If {he OR she OR they} go to {COUNTRY}, they will be removed from their school, and I have little doubt that {COUNTRY} schools follow a different syllabus, a factor that may have implications for any future job prospects. IF YOU CAN FIND OUT THOSE DIFFERENCES, LIST THEM
g. I submit that my involvement in my child{ren}’s education is much to their benefit. Indeed this is recognised by The Department for Education and Skills 2003 Report which highlights the importance of Parental Involvement in children’s education. I am aware that this authoritative research came after the judgement in the case Payne v Payne which is routinely referred to in Leave to Remove cases. I would draw the Court’s attention to the following findings contained within the DfES report. [ref {YOUR INITIALS}2]
IF YOU ARE A MOTHER SEEKING TO STOP LEAVE TO REMOVE – DELETE THE SECTIONS RELATING TO FATHER
i) Fathers play an extremely important role in their children’s lives and a plethora of research indicates that the father’s involvement is significantly related to positive child outcomes. Father’s involvement in children’s education at age 7 predicts higher educational attainment by age 20, in both boys and girls;
ii) The involvement of fathers exerts an influence on children’s positive attitudes to school;
iii) Research evidence clearly states that children’s progress can be hindered by lack of parental involvement;
iv) Children whose parents showed a high level of interest (regardless of social class), had higher test scores at age 8 and 11;
v) The scores of those children whose parents showed little interest deteriorate;
vi) The children with interested parents pull ahead of the rest whatever their initial starting point;
vii) Father’s lack of interest in schooling is a particularly powerful and progressive predictor of lack of qualifications.
I submit that the above findings support my position that if Leave to Remove were granted and my contact with {CHILD/REN’S NAMES} consequently greatly reduced to a near meaningless level, this would damage the children’s prospects of developing to their full potential in terms of future academic, social, and emotional levels of attainment.
h. In relation to a change in the status quo and how {CHILD/REN’S NAMES} normally spends their time with me, the move will result in the loss of familiar routines and activities which {he OR she OR they} love{s}, such as:
(i) LIST THE ACTIVITIES/ROUTINE THAT YOUR CHILD AND YOU ENJOY INCLUDING ANY CLUBS THEY BELONG TO OR ATTEND.
i. I believe that the likely effect of this dramatic change to {CHILD/REN’S NAME/S}’s circumstances would be to cause deep distress and anxiety;
j. {CHILD/REN’S NAMES} {has OR have} lived their entire life in {LOCATION};
k. With a move to {COUNTRY}, {CHILD/REN’S NAMES} will experience different accents/language, a different climate, and a completely different culture which I believe will further add to their confusion, distress and bewilderment;
l. Removal will cause a sense of loss and grieving and there exists a risk they may feel abandoned by significant adults and attachment figures in their life; KEEP AN EYE OUT FOR ANY PSYCHOLOGICAL RESEARCH ON THE IMPACT OF LEAVE TO REMOVE ON CHILDREN
m. Additional to issues surrounding environmental attachment and security, {CHILD/REN’S NAME/S} would also lose the relationships, and quality of relationships with the extended family on both sides, missing out on holidays, birthdays and Christmases.
n. Both the Applicant and I are capable of meeting {CHILD/REN’S NAME/S} needs. However I believe that those needs are also greatly supported by their relationships with their extended family and social peer group with whom they have grown up, all of which would be lost to them.
o. I would ask the Court to take due account of Article 8 of the Human Rights Act 1998, ‘the right to family life’. Removal to {COUNTRY} would have the effect of bringing {CHILDREN’S NAME/S}’s family life to an end, given that they would be denied [meaningful] contact with me, their grandparents and other extended family in the UK. The court will also wish to take account of the Strasbourg authorities that recognise ‘the significant importance of continuity of development and consistency in a child’s upbringing’.
p. I would similarly ask the Court to take account of Article 9 of the UN Convention on the Rights of the Child which states: ‘Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis except if it is contrary to the child’s best interests”.
13. I would ask the Court to note that while I have had little notice regarding the Applicant’s intent to move to {COUNTRY}, I have given full and careful consideration as to whether such a move could be made workable while considering if our child{ren}’s emotional, physical, developmental, and sociological wellbeing could be maintained.
14. I would ask the Court to also consider the following:
a. LIST THE ISSUES THAT WOULD MAKE MAINTAINING CONTACT IMPRACTAL. INCLUDE COST OF TRAVEL, GRANDPARENTS’ AGE AND ANY INFIRMITIES (E.G. DUE TO HEART CONDITION, GRANDPA WILL BE UNABLE TO TRAVEL), TIMEZONES (MAKING TELEPHONE CONTACT IMPRACTICAL). ARE HOLIDAY DATES THE SAME IN ENGLAND AS THEY ARE IN THE COUNTRY OF EMIGRATION. ARE SCHOOL HOLIDAY DATES THE SAME?
15.IF APPROPRIATE/APPLICABLE The Applicant has not put forward proposals for contact that are workable.
16. IF APPROPRIATE/APPLICABLE It concerns me that the Applicant has not thought through the plans as to how they will care for the children in {COUNTRY}. LIST DETAILS OF THE APPLICANT’S INTENDED ARRANGEMENTS FOR THE MOVE AND ONCE SETTLED INCLUDING SCHOOLING / ACCOMMODATION / CHILDCARE / EMPLOYMENT WHICH CAUSE YOU CONCERN:
I would draw the court’s attention to the case law M v A (Wardship: Removal from Jurisdiction) [1993] 2 FLR 715 where the plans of the applicant in that case to move to Canada were ill thought-out and poorly researched. The children also expressed a wish not to change the status quo. Permission was refused.
17. In the light of the above I ask the court to refuse the Applicant’s application for leave and make a residence order in my favour.
18. By granting me residence, {CHILD/REN’S NAMES} will have the comfort and security of being in familiar surroundings, their own bedroom and maintain normality and consistency in terms of social outings, education, contact with friends, family and school.
19. {CHILDREN’S NAMES} {has or have} an active and sociable life while in my care.
20. I have been kept informed of {CHILD/REN’S NAMES} educational progress through information from {his OR her OR their} {mother OR Father} and the school. I have received copies of {his, her OR their} school reports and attend parents’ evenings.
21. In terms of homework, {CHILD/REN’S NAMES} completes this whenever it is required whilst in my care. Homework normally consists of {GIVE EXAMPLES E.G. A READING EXERCISE, NUMERACY OR LITERACY TASK, SPELLING OR AN EDUCATIONAL GAME}.
22. Outside of set homework I encourage {CHILD/RENS NAME/S} to learn through {LIST WHATEVER ACTIVITIES}.
23. I am clear that {CHILDREN’S NAMES} educational requirements are being met. If this were not the case I would have approached the school directly. {CHILD/REN’S NAMES} {is OR are} happy and fulfilled at school and openly discusses their weekly activities, teachers and friends with me.
24. LIST ANY CONCERNS YOU HAVE ABOUT THE EMIGRATION COUNTRY INCLUDING CRIME / POLITICAL RELATIONS WITH THE UK (IF POOR).
APPLICANT’S MOTIVATION – ONLY INCLUDE IF RELEVENT
25. EXAMPLE: Following separation, there have been occasions where the Applicant has sought to exclude me from aspects of {CHILD’S NAME}’s and I believe that the desire to emigrate may be motivated by a wish to further prevent our child from having a full relationship with me. Events include: GIVE EXAMPLES
a. BROKEN CONTACT – PREVIOUS AGREEMENTS WHICH HAVE NOT BEEN HONOURED;
b. PROBLEMS OVER ACCESS TO NURSERY;
c. PROBLEMS OVER ACCESS TO SCHOOL OR FRUSTRATION OF INVOLVEMENT IN SELECTION OF SCHOOL;
d. PROBLEMS OVER ACCESS TO MEDICAL INFORMATION;
e. PROBLEMS OVER ACCESS TO EXTRA-CURRICULAR ACTIVITIES / CHILD’S SOCIAL ACTIVITIES
26. IF APPROPRIATE The Applicant has not proposed arrangements within {his OR her} application that are workable or practical or assist in maintaining an ongoing relationship between {CHILD/REN’S NAMES} and their {mother OR father} and extended family.
27. IF YOU CAN ARGUE THAT THE PARENT SEEKING TO REMOVE THE CHILDREN WILL NOT BE DISADVANTAGED BY REMAINING IN THE UK, DO SO. CONSIDER INCLUDING DETAILS OF:
a. THE APPLICANT’S FAMILY/SOCIAL SUPPORT IN THIS COUNTRY COMPARED TO THEIR SUPPORT ABROAD;
b. THEIR EMPLOYMENT OPPORTUNITIES IN THE UK COMPARED TO THE COUNTRY THEY WISH TO EMIGRATE TO (E.G. XXXX HAS A GOOD JOB AS AN XXXX);
c. IF APPLICABLE, THE APPLICANT’S NEW PARTNER CAN FIND EMPLOYMENT / HAS EMPLOYMENT / CAN EARN GOOD MONEY IN THE UK IN THEIR CHOSEN PROFESSION;
28. I would draw the court’s attention to paragraph 85(d) of the judgement in Payne v Payne [2001] EWCA Civ 166 also cited in the case Re Y (Leave to Remove from Jurisdiction) [2004] 2 FLR 330 in paragraph 12(d) which states:
‘Consequently the proposals have to be scrutinised with care and the court needs to be satisfied that there is a genuine motivation for the move and not the intention to bring contact between the child and the other parent to an end.’
And in paragraph 85(f) of Payne v Payne which states:
‘The effect upon the child of the denial of contact with the other parent and in some cases his family is very important.’
29. The court will be familiar with the case law Payne v Payne [2001] EWCA Civ 166. That case concerned a mother’s desire to return to her country of origin. In the judgement in favour, the Court cited that refusal to grant LTR may result in the child’s welfare being adversely affected in some way due to the custodial parent’s unhappiness at LTR being granted. There is no qualified research, psychological or otherwise which substantiates that opinion which remains a matter of conjecture. There is however later and qualified research undertaken by the DfES which shows that children are disadvantaged when {fathers OR both parents} are not involved in their children’s education. The research results became available two years after the Payne v Payne judgement.
30. There exists a strong bond between {CHILD/RENS NAMES} and myself. I would draw the court's attention to the case law Tyler v Tyler [1989] FLR 2 where the court refused the application for Leave to Remove. The court in that case accepted that the reasons for emigrating were reasonable and sensible, and recognised that refusal would cause the emigrating parent bitterness and frustration. The court accepted that there was a strong bond between the children and their father, and for all practical purposes real contact between the children and father would come to an end if they went to Australia.
31. IF APPLICABLE – OTHERWISE DELETE Since separation, our child{ren} {has OR have} been cared for under arrangements set out within the existing {Shared Residence Order OR under shared care arrangement}. The court will therefore wish to take account of the case law Re Y (Leave to Remove from Jurisdiction) [2004] 2 FLR 330 which states that where there is effectively shared residence, then the court is unlikely to give permission to one parent to emigrate with the child.
32. IF APPLICABLE – OTHERWISE DELETE The court will also be aware of the case law R v R (Leave to Remove) 2005 1 FLR 687 where Leave to Remove was refused. I submit that this is particularly relevant because the Applicant has a history of {mental illness OR addiction OR emotional instability} (DELETE AS APPROPRIATE). In paragraph 31 of the judgment in Payne v Payne it states:
a. ‘Logically and as a matter of experience the child cannot draw emotional and psychological security and stability from the dependency unless the primary carer herself is emotionally and psychologically stable and secure.’
b. I would draw the Court’s attention to the following:
(i) LIST ANY PSYCHIATRIC HISTORY / TREATMENT / SOCIAL SERVICES INVOLVEMENT / OTHER RELEVENT MEDICAL HISTORY. INCLUDE ANY PAPERWORK THAT PROVIDES EVIDENCE OF THIS HISTORY.
33. INCLUDE IF APPLICABLE. I am aware of my parental rights regarding consent to {CHILD/REN’S NAME/S} Visa. My understanding is that having parental responsibility, my consent is required prior to emigration to {COUNTRY}. I am not prepared to give my consent for the reasons set out in this statement.
SUMMARY
34. I ask that the Court grant a Residence Order in my favour, or Shared Residence and dismiss the application for Leave to Remove.
35. Should the Applicant decide to remain in England, I would ask that the Court consider making an order for Shared Residence, reflecting the amount and quality of time that our child{/ren} spends in my care and in recognition of the established pattern of contact.
36. If the Court grants me Residence of {CHILD/REN’S NAMES} in the event that the Respondent moves to {COUNTRY}, I would of course wish for our child{/ren} to have generous contact time with their other parent. I would suggest:
a. LIST SUGGESTED ARRANGEMENTS INCLUDING HOLIDAYS, CHRISTMAS, PHONE CONTACT ETC.
37. I am aware that {COUNTRY} is a party to the Hague Convention on the Civil Aspects of International Child Abduction 1980, and that a Residence Order would clearly set out {CHILD/REN’S NAME/S} country of residence. To provide suitable safeguards for the return of the children from contact in {COUNTRY} I respectfully ask the Court to consider including the wording set out Exhibit 3 in the Residence and Contact Order. [Ref - {YOUR INITIALS}3]
OR
37. I am aware that {COUNTRY} is not a party to the Hague Convention on the Civil Aspects of International Child Abduction 1980. In the event that the Court grants me Residence and the Applicant emigrates, I would ask that the Court order that before contact takes place in {COUNTRY} that the Applicant obtain authentication of the residence and contact order in the Courts of {COUNTRY} at {his OR her} own expense.
38. Lastly, I would ask that the Court accept that the Applicant’s and children’s interests are incompatible and I therefore ask that the application for Leave to Remove be dismissed.
39. I would hope that on reflection {he OR she} might accept that such a move is not in {CHILD/REN’S NAME/S} short or longer term best interests and is not in accordance with the principles set out in the Welfare Checklist.
Signed ______________________________________ Dated __________________
Respondent
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SET OUT EACH EXHIBIT ON A NEW PAGE AND ALSO TAKE PRINTED COPIES OF THE CASE LAW TO YOUR LEGAL ADVISOR / SOLICITOR
EXHIBIT 1 – CHRONOLOGY THIS IS A HISTORY OF EVENTS WHICH SETS OUT THE CIRCUMSTANCES WHICH LED UP TO THE APPLICATION. AS AN EXAMPLE:
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25.12.2001 Mother and I met.
03.04.2003 Mother and I married.
28.05.2004 Our son, Jamie Smith was born.
16.01.2005 Mother and I separated.
12.02.2006 Court granted shared residence. Since that time, Jamie has resided with me on Wednesday
nights and alternative weekends, and for half nursery/school holidays.
15.05.2007 Mother and I divorced.
24.06.2008 Mother informed me via solicitor's letter that she was seeking to emigrate to Argentina.
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Include any relevant events.
EXHIBIT 2 – THE IMPACT OF PARENTAL INVOLVEMENT ON CHILDREN’S EDUCATION [LEA/0339/2003]
Follow this link, download and print the document and include it with your statement.
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EXHIBIT 3 - SUGGESTED WORDING FOR INCLUSION IN THE JUDGEMENT
UPON hearing
AND WHEREAS this court has on {DATE} ordered that {CHILD/REN’S NAME/S} reside with the Respondent {RESPONDENT’S NAME}
AND WHEREAS {CHILD/REN’S NAME} {is OR are} habitually resident in the United Kingdom
AND WHEREAS this Honourable Court is anxious to ensure that {CHILD/REN’S NAME} {is OR are} returned to England and Wales and is not retained outside the jurisdiction beyond the period of contact granted herein
AND UPON the Applicant {APPLICANT’S NAME} having informed this Honourable Court that during the period of contact granted herein the child will be located at {ADDRESS} in {COUNTRY}
AND UPON the terms of the Hague Convention on the Civil Aspects of International Child Abduction 1980 having been drawn to the attention of the parties and the consequences of breaching those terms should the child not be returned to the jurisdiction of England and Wales before the period of contact granted in this order expires
IT IS ORDERED that:
1. The Applicant {APPLICANT’S NAME} is permitted to remove the child {CHILD/REN’S NAME/S} from the jurisdiction {SET OUT THE PROPOSED CONTACT ARRANGEMENTS}
2. In the event that {CHILD/REN’S NAME/S} {is OR are} not returned to the jurisdiction of England and Wales before {DATE}, then every person within the jurisdiction of this Honourable Court in a position to do so shall co-operate in assisting and securing the immediate return to England and Wales of {CHILD/REN’S NAME/S}.
3. In the event that {CHILDREN’S NAMES} {is OR are} not returned to the jurisdiction of England and Wales in accordance with the contact schedule set out in this order, then every person not within the jurisdiction of this Court who is in a position to do so is respectfully requested to co-operate in assisting and securing the immediate return to England and Wales of {CHILD/REN’S NAME/S}.
4. In the event that {CHILD/REN’S NAME/S} {is OR are} not returned to the jurisdiction of England and Wales in accordance with the contact schedule set out in this order, then all judicial, administrative and law enforcement authorities of {COUNTRY} are respectfully requested to use their best endeavours to assist in taking any steps which may to them appear necessary and appropriate in locating, safeguarding and facilitating the return to England and Wales of the said minor child{ren} pursuant to the laws of {COUNTRY} and in accordance with the Hague Convention on the Civil Aspects of International Child Abduction 1980.
5. The Applicant {APPLICANT’S NAME}’s solicitors shall fax copies of this order to the Clerk to the Right Honourable {JUDGE’S NAME} at {COURT ADDRESS}; and to the Head of the Consular Division, Foreign and Commonwealth Office, Spring Gardens, London SW1A 2PA, tel. 020 7008 0212, fax 020 7008 0152.
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CASE LAW
Payne v Payne [2001] EWCA Civ 166
M v A (Wardship: Removal from Jurisdiction) [1993] 2 FLR 715
Re Y (Leave to Remove from Jurisdiction) [2004] 2 FLR 330
Tyler v Tyler [1989] FLR 2
R v R (Leave to Remove) 2005 1 FLR 687
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Copyright in respect of this page on The Custody Minefield website is waived. It is the wish of the owner of the website and the fellow McKenzie Friends who have contributed content that the sample Leave to Remove statement wording be freely available. The owner recommends that you seek independent legal advice in relation to the use of the above arguments and their relevance to your own case. It is the hope of the owner that the information contained within this page is of assistance to you in maintaining a full relationship with your children and in your discussions with your legal advisors.