Here for you: Please note that Brookman’s services remain uninterrupted during this time. Read more

Leave to Remove

After a separation or divorce, parents can feel isolated. If the parent originates from another country, this can in turn lead them to consider moving back to the country where they originally came from and back to their immediate family.  But choosing this significantly separate path to your ex-spouse can be complicated when children are involved.

Automatically, both the child’s mother and father have parental responsibility, regardless of where the child mainly resides.

For parents with sole responsibility of their child, where there is no disagreement with the party, there is no problem moving the child abroad. However, for parents with joint responsibility and joint interest in the children, it is essential that they communicate to reach an agreement regarding the possible relocation and on-going arrangements for the child. Ultimately, oral or preferably written consent must be obtained from the party remaining in the country where the child originally resided (often referred to as the “left-behind parent”).

In an ideal world, conversations between parties would be smooth, the relationship amicable and an appropriate agreement reached. However, it is often the case that one parent disputes the idea of their children moving overseas and withholds their consent. The reason is usually the loss of contact with the left-behind parent. This is not fanciful; many studies have shown that without clear practical arrangements being established from the start, contact often falls away quickly.

If the dispute did escalate and was taken to Court, the person seeking to relocate would need to provide legitimate reasons as to why they wanted the child to be taken abroad; and for the parent at risk of being “left-behind”, why the child should stay put. The Court will base its decision on the best interests of the child. The strength of feeling of the parent wanting to “go home” is not necessarily a guide to what is best for the child, although it can be.

To properly understand your legal rights, discuss your situation with a solicitor with knowledge and familiarity with issues regarding relocation, and can advise you of the best way to pursue your case, both for your good and the good of your child.

Enquire Now

Got a question about leave to remove? ask us now...

Kindly complete the form below to send an enquiry.
Your message will be sent to one of our solicitors.
Everything you send in this form is secured and encrypted the moment you submit it.
Discretion is guaranteed.


  • 1. Personal Information:

  • You do not need to provide a telephone number, however, it is helpful for us should our email response not be successfully delivered to you
  • 2. More Information

    Is there anything else you would like to tell us at this stage?
  • This field is for validation purposes and should be left unchanged.

What our clients are saying:

‘MV’, Australia

“Your assistance was very helpful and much appreciated.”


Google Reviews

Brookman Solicitors

62 Reviews

Nik Carter 10/05/2020

I recently had a free initial consultation with Henry Brookman via video conference. He was considered and meticulous in his approach and gave me well thought through advice. He followed this up with a letter in writing summarising the advice he gave me. I would thoroughly recommend his services to anyone looking for legal representation in a divorce.

Sarah Jones 02/05/2020

Henry was extremely helpful and pleasant to speak with. He provided comprehensive advice in a matter of hours and responded promptly to any queries I had. I would highly recommend speaking with him.

Shazan Awam 19/04/2020

Very helpful and thorough advice. Highly Recommend!

Pierre Sauvage 15/04/2020

I met with Henry Brookman for an initial consultation in order to consider if a prenup agreement was the best course of action for my marriage. He spent the time to answer all my questions and encouraged me to do the right thing. I recommend dealing wit Henry Brookman and it was a pleasant experience.

Jamie Warnes 16/03/2020

Excellent service. I had a consultation directly with Mr Brookman and his advice and guidance was very clear and helpful. Would highly recommend.