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

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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

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