February 3, 2023

Leave to Remove

A Leave to Remove application is an application to the court to move a child to live outside the jurisdiction of Jersey.

In dealing with such applications, the court will consider the extent to which each parent (or person with parental responsibility) can support the child’s relationship with the other parent and will want to be satisfied that the move is in the child’s best interests. The court’s paramount consideration will be the welfare of the child and the court must consider the Article 8 Convention rights (right to family life) of the parents and the child. Ultimately, the child’s Article 8 rights will take priority but there is a rebuttable presumption that the involvement of a parent in the child’s life will further the welfare of the child.

A parent looking to persuade the court that they should be granted leave to remove the child from Jersey should prepare and plan with proposals for:

  • Suitable accommodation.
  • Employment options and financial arrangements for caring for the child.
  • Where the child will go to school.
  • Health provision.
  • Support from family or friends.
  • How the child’s relationship with the parent who will remain in Jersey can be maintained through contact.

Conversely, a parent who wishes to challenge a Leave to Remove application should prepare a list of objections explaining:

  • Why removal is not in the child’s best interests.
  • How the move will negatively affect the child’s welfare.
  • Specific challenged to the removal plan. For example, based on unsuitable accommodation or insufficient educational provision. Particularly if the child has additional needs which are being met in Jersey.

Leave to Remove applications require early advice from an experienced family lawyer as this is a complex area of law and immediate interim applications may be necessary to prevent the child from being removed from Jersey.

If you would like to know more – please contact our team on 875875 or fill out the form below.

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