Our family law team recently concluded a ‘removal from jurisdiction’ case where two children were unlawfully relocated to another country without the father’s permission.
The father had worked with previous family law solicitors but was disappointed with the pace they worked at. So, he approached Optimal Solicitors in search of urgent support.
After multiple complexities and shifting conditions – as well as the need for a Hague Convention application – our Team Leader Stephanie Matthews and Family Law Solicitor Clara Burns were able to reassure and support the father through a highly emotional case to achieve a positive resolution for him and his children. Here we unpack the case details and the journey to justice.
Preventing an unlawful international relocation
In this case, a father approached us concerned that the mother of his two children was going to relocate them to Poland without his permission. He had evidence of this intention and instructed Stephanie Matthews for advice and quick legal action to help prevent his children leaving the country. We immediately made a ‘without notice’ urgent application for an order to prevent her from doing so. Here’s what that entailed:
- We represented the client at a telephone hearing on the same day that we issued the application to court
- The court agreed that there was evidence of the mother’s intention to relocate, and granted us the order
- We successfully served the order on the mother and were able to prove service
- We submitted a port alert with the order confirming the mother could not leave the country
Unfortunately, by the time the port alert was processed, the mother had already gone. We advised our client to make a Hague Convention application to have the children returned to England, for which our client was able to rely on our application and other evidence.
However, this didn’t draw a line under the matter – the father then needed supporting through complex and stressful circumstances around child arrangements.
The law: Relocating or removing children from the jurisdictionA ‘removal from jurisdiction’ order is a court order that allows a parent or guardian to take a child out of the UK to live in another country. However, a child should not be removed from the jurisdiction without the permission of all those who hold parental responsibility or an order of the court. If you believe your child is at risk of being taken abroad without your permission, it’s imperative that you act quickly and seek specialist legal advice from a reputable solicitor. They can raise the relevant order with the family court to prevent unlawful removal from jurisdiction. In cases where the child has already been removed from jurisdiction, a Hague Convention application can be raised to have the child returned. You can then rely on your solicitor’s expertise and advice around child arrangements to help ensure an outcome is achieved that’s in the best interests of the child. |
Complex child arrangements
Hague Convention applications can be lengthy and are out of the hands of the solicitor. In this case, the father waited over a year for approval. This was a stressful time for our client, further exacerbated by the mother’s actions to restrict and supervise his contact with the children after they had returned to the UK.
Our client once again turned to us to apply for this contact to be overnight and unsupervised. We therefore took the application to the family court, reassuring our client along the way that we were confident about the evidence provided. During proceedings, independent evidence supported our client, and the court was able to order the contact our client was seeking. But again, the case was far from closed.
Supporting our client through consistent pushbacks
The mother then made an application asking for permission to relocate the children to Poland. Our client remained against this and trusted our continued support to prepare his case against relocation. On this occasion, independent evidence changed to support the mother. At this point, it was essential for us to reassure our client, informing him that we believed the mother’s position was not properly thought out.
With a positive and measured approach, our client stated that he didn’t think the evidence had considered the effect that such a relocation would have on his relationship with the children and therefore sought to proceed to a contested hearing. We continued to support him through this, and the judge moved to dismiss the mother’s application to relocate.
Optimal outcomes
The optimal resolution for our client was achieved, with contact remaining in place with his children as it was before he first approached us. At every step along this journey, we ensured communication was clear and consistent, with in-house translations provided where needed. Expectations were managed throughout, which was especially important for a case like this that had settled and resurfaced again over three years.
However, we would like to give an enormous amount of credit to our client. A lengthy children’s matter can cause extreme psychological and physiological strain. Yet throughout the case, while he was co-parenting, the father remained level-headed – demonstrating his great relationship with his children as well as his commitment to making sure his evidence was sound.
Look no further for specialist family law advice
If you need expert legal support around child arrangements or custody, we firstly advise that you’re confident the outcome you seek is in the child’s best interest. This will be fundamental in leading the family court to a resolution.
We then recommend that you gather as much evidence around the matter as possible, and get in touch with one of our specialist family law experts. We’ll show empathy, support, and absolute dedication to helping you achieve a positive outcome.
