Leave to remove a child abroad: a parent’s move approved with conditions

By Hannah OvertonPublished 28 October 20269 mins read11 sections

A mother came to us with a job offer abroad and a deadline. Her child had lived with her since the separation, under a child arrangements order. The father said no to the move. She needed the court’s leave to remove the child from the United Kingdom, and she was frightened that asking would make things worse. Our family law specialists advised and guided her through the application, from the first meeting to the final hearing.

This is an anonymised account, shared with the client’s consent. Our guide on international family law covers the wider picture. You can also read how we prepare and review these success stories.

The moment the move became real

The offer was a good one. It came with a settled income and family close by who could help with school runs. For a parent bringing up a child mostly alone, that support mattered. Even so, she lay awake at night with the same questions. Could she simply go? Would the father stop her at the airport? Would the court think she was trying to cut him out?

The father loved his child and saw her every other weekend. To him, the move felt like losing her. Both fears were real, and the court would have to weigh them.

What the law says about leave to remove

Here, a child arrangements order said who the child lived with. That brings in section 13 of the Children Act 1989. Under s.13(1)(b), nobody may remove the child from the United Kingdom without written consent from everyone with parental responsibility. The only other route is the leave of the court, often now called permission. A holiday of less than one month is different. Section 13(2) allows the parent the child lives with to make that trip without consent.

When the court decides an application for leave to remove, the child’s welfare is its paramount consideration under s.1(1). The move also meant changing the child arrangements order, so she asked the court to vary it at the same time. The father opposed that, so s.1(4)(a) brought in the welfare checklist in s.1(3). It also brought in the presumption in s.1(2A) that each parent’s involvement furthers the child’s welfare. That involvement can be direct or indirect. Taking a child abroad without consent or permission can also be a criminal offence under the Child Abduction Act 1984 s.1.

How we prepared the leave to remove case

First, she attended a mediation information and assessment meeting, as the Children and Families Act 2014 s.10 requires unless an exemption applies. The father would not agree, so we helped her prepare both applications.

Next, we advised her to build the case around the checklist rather than around her reasons for going. The court wanted facts, so we helped her gather them. She found a named school with a confirmed place. She secured a home with a signed tenancy and a written offer of work. We also set out the healthcare arrangements and her right to live in the new country.

Above all, we helped her draw up a detailed plan for the father’s time with his daughter. It covered long school holidays with him, regular video calls, and who would pay for which flights. In short, it showed the court how his involvement would carry on at a distance. The court then asked for a welfare report under s.7. We helped her prepare for that interview calmly and honestly.

The outcome: leave to remove granted with conditions

After a contested final hearing, the court granted leave to remove the child permanently. However, the court did not simply say yes. It varied the child arrangements order and, using its power under s.11(7), wrote conditions into it. These covered the holiday schedule, the video calls, and how travel costs would be shared. As a result, the father’s time with his daughter became part of the order itself.

Every case turns on its own evidence. Nothing here is a prediction or a promise about any other family.

What you can take from this

If you want to move abroad with your child, start early. These applications take months, and the court needs detail that only time can gather. A firm plan for the other parent’s relationship with the child is often the most important document you file.

On the other hand, you may be the parent being left behind. In that case, you have a voice in this process, and the court will listen to it. Our page on how to move abroad with children explains the steps. Our guide to taking children abroad covers holidays and shorter trips.

“Anyone hoping to move abroad with a child should show how the other parent will stay part of term time as well as holidays. Do not hand in your notice or buy one-way tickets until everyone with parental responsibility agrees in writing or the court gives permission. If the other parent opposes a change to the child arrangements order, the court starts from the presumption that their involvement furthers the child’s welfare, so vague promises of contact carry little weight.”

Hannah Overton, Complex Children Specialist, Kabir Family Law

Talk it through with us

Whichever side of a move you are on, you do not have to work it out alone. A free initial consultation is a confidential conversation with one of our family law specialists. You tell us what is happening, and we explain your realistic options. There is nothing to sign and no obligation. Call 0330 094 5880 to arrange a free initial consultation.