Leave to remove applications and orders are becoming more common. The Courts are dealing with an increased number of applications by parents who wish to relocate to another country with their child or children. This is a very complex area of law and one where early advice from an experienced family lawyer can help.
Call Woolley & Co on 0800 321 3832 or complete our online form for support.
Can I relocate abroad with my child?
In legal terms this is known as removing the child from the jurisdiction. In order to do so you will need the written agreement of the other parent (and anyone else who has parental responsibility for the child). If they do not give their agreement you can apply to the Court for permission to remove the child from the jurisdiction, known as Leave to Remove.
The Court will consider what is in the best interests of the child and will want to know that due consideration has been given to how the child will maintain contact and a relationship with the other parent.
What is involved in a Leave to Remove application?
A Leave to Remove application is an application to the Court to move a child to live outside of the jurisdiction of England and Wales. Such an application is made if parents (or those with parental responsibility for a child) cannot agree on the decision to take the child to live abroad.
Parents will be encouraged to try to reach an agreement, potentially via mediation. If this is not possible the case will need to be considered before a judge
Whether you are seeking to persuade the other parent or the Courts you should consider and plan for the following:
- How contact with the other parent will be maintained and arrangements for your child to visit and spend time with the other parent.
- Where you will live, where your child will go to school and the health provision in your new country.
- Your financial arrangements for caring for yourself and your child, including details of any work you have secured etc.
- Your motivation for the move, the Courts will look carefully and want to avoid a situation where the move is being undertaken primarily to end communication with the other parent.
To take advantage of your free 30-minute consultation with our expert leave to remove lawyers, call 0800 321 3832, or complete our quick online form.
What if I take my child out of the country without permission?
A parent with a live with child arrangements order can usually take their child abroad for up to 28 days without written permission unless a court order states you cannot.
If a child is taken out of the UK for longer than 28 days, without the agreement from the other parent or the Court’s permission via a court order, you will be in violation of the Child Abduction Act 1984 (which is a criminal offence) and steps can be taken to return the child to the UK.
Challenging a Leave to Remove application
If you believe that relocating your child to live abroad is not in their best interests it is possible to get a leave to remove order. You may also make an application for a Prohibited Steps Order.
You will need to show how the move would negatively affect your child’s welfare, the relationship you hold with them or how the move is impractical, for financial or educational reasons for example.
If you are concerned that your child is going to be removed from the UK imminently, without your permission or the permission of the Court you should take advice immediately.
What factors does a court consider when deciding a leave to remove case?
When considering leave to remove applications, UK courts apply the welfare checklist in section 1(3) of the Children Act 1989. This includes the child’s wishes and feelings (given their age and understanding), their physical, emotional and educational needs, the impact of a change in circumstances, and the likely effect on their relationship with both parents. Case law, such as Payne v Payne [2001] EWCA Civ 166, also guides the court.
How much does a leave to remove application cost?
The court fee for filing a C100 application (which covers leave to remove) is currently £263 (as of 2025), though legal costs can be significantly higher if solicitors and barristers are involved. Total leave to remove application costs often range from several thousand to tens of thousands of pounds, depending on the complexity of the case, whether expert evidence is required, and if the matter proceeds to a contested final hearing. Legal aid is generally not available for private family law disputes unless there are issues of domestic abuse or child protection.
To take advantage of your free 30-minute consultation with our expert leave to remove lawyers, call 0800 321 3832, or complete our quick online form.
What is the leave to remove application success rate?
There is no single published “success rate,” but studies and practitioner reports suggest that success depends heavily on the quality of the applicant’s proposals and how convincingly they demonstrate the move aligns with the child’s welfare.
When is a leave to remove order needed?
Leave to remove orders are required when one parent with parental responsibility intends to relocate a child permanently outside the UK and the other parent does not consent. It is unlawful under section 13 of the Children Act 1989 to remove a child from the UK without either consent of all those with parental responsibility or a court order. Temporary holidays of up to 28 days abroad do not require such permission if the child arrangements order specifies the child lives with that parent, unless otherwise restricted by the court.
What is the role of CAFCASS in leave to remove cases?
CAFCASS (Children and Family Court Advisory and Support Service) plays a central role in leave to remove cases by preparing independent reports to assist the court in applying the welfare checklist. A CAFCASS officer may interview the parents, the child (depending on age), and other relevant parties to assess the child’s wishes, feelings, and best interests. Their recommendations, while not binding, carry significant weight in judicial decisions.
Need More Advice?
Anyone facing these issues should take advice before taking any action. Book an initial half hour free telephone appointment with one of our family lawyers on 0800 321 3832 or request a call using our online form.