The legal framework is clear: a child cannot be taken permanently abroad and without the permission of the other parent or person with parental responsibility. Without permission, removal of a child from England and Wales is child abduction. If permission is refused, then it often falls to the Court to decide whether to grant a parent's application for 'leave (meaning permission) to remove' a child from the jurisdiction of England and Wales to relocate abroad.

The legal framework may seem straightforward: the decision to be made by the Court is frequently more complex.   

Sarah Williams, Associate Solicitor in our Children Law Team summarises the complex and difficult decision that came before Mr Justice Mostyn in the case of Re TC and JC (Children: Relocation) [2013] EWHC 292 (Fam) the judgment of which was reported this week.

Relocation - a lesson in welfare not fairness - March 013.pdf