Family Law Hub

R (Children: Temporary Leave To Remove From Jurisdiction) [2014] EWHC 643 (Fam)

Mother's application to remove the children temporarily to India.

  • In brief: A case that reminds us that: 

    • the Legal Aid Agency is making some bizarre decisions – in this case they repeatedly refused to grant legal aid to the mother whom the court had tasked with obtaining a crucial expert report dealing with the situation in Indian law if she decided to retain the children in that jurisdiction; and 
    • you need to advise clients carefully if temporary removal of the children to a non-Hague country is on the cards. You need to be considering what the risks and consequences of a wrongful retention might be as well as what safeguarding measures might be put in place to reassure the other parent (however, leaving two of the four children behind as "surety" is unlikely to result in a successful application).

Case note, published: 29/04/2014


See also

  • Mother wanted to take the 4 children for a holiday to India, a trip which was opposed by father on the basis that the mother might not return to England. The judge agreed that the consequences of wrongful retention were so great and the safeguarding measures so uncertain that it would not be in the children's best welfare interests for permission to be granted. The mother's application was therefore refused. The judge also expressed dismay over the rejection of the mother's application for legal aid, which meant that the decision had to be made without the benefit of expert evidence. Judgment, 12/03/2014, free

Published: 29/04/2014


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item