I'm Taking The Kids!

Extract


I'm Taking The Kids!

Originally published in the Family Law Journal.

Section 13(1)(b) of the Children Act 1989 (the 1989 Act) requires that a parent wishing to remove a child permanently from the jurisdiction must obtain the leave of the court in order to do so. Section 13(2) states that if a parent has the benefit of a residence order then they can remove the child for a period of up to one month.

This article will look at the various factors the courts have had to consider in recent cases where the primary carer has applied to remove their child temporarily or permanently from the jurisdiction.

TEMPORARY REMOVAL In the recent case of Re N (Leave to remove: Holiday) [2006] the mother of a nine-year-old child sought permission to send the child, unaccompanied, on a two-week holiday during the summer of 2006 to visit his mother...

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