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Permanent Relocation & Removal of Children Law, Procedure & Tactics

Speaker: Jacob Gifford Head
Date: Spring 2025

FAMILY

Jacob is an experienced barrister and mediator with a broad practice in chancery, family and general civil and commercial litigation. He particularly welcomes cases that are factually or legally complex or which require the creative use of law to resolve. He has recently become more interested in resolving disputes by agreement rather than determination. As a result, he is now developing a practice as a mediator, where his ability to build rapport and help parties find creative solutions to their problems is particularly important.

In this in-depth seminar, Jacob examines the complex and sensitive area of permanent removal of children from the UK and relocation, with a focus on law, procedure and tactics. He breaks down terminology, the statutory framework and case law framework.

Key words/topics:

Requirement for consent to remove

No statutory framework for relocation

Power to impose live with conditions

Burden and lack of need for a CAFCASS visit

Siblings to be considered separately

Impact on child arrangements

Form C1: Application under s.13

Form C2: section 8 order

Pre-emptive application for order permitting relocation

Application to restrain relocation

Section 1 Child Abduction Act 1984

Section 13(1) Children Act 1989

Section 11(7) Children Act 1989

Butler-Sloss LJ in Re E [1997] EWCA Civ 3084; [1997] 2 FLR 638 at [17]

Payne v. Payne [2001] EWCA Civ 166; [2001] Fam 473.

Re F; DF v. M B-F [2015] EWCA Civ 882; [2016] 2 F.C.R. 368; [2016] Fam. Law 565

Re C [2015] EWCA Civ 1305; [2016] 3 W.L.R. 1; [2016] Fam. Law 284

LSA v. RBS [2011] EWCA Civ 454; [2011] 2 FLR 678

Re G [2007] EWCA Civ 1497; [2008] 1 FLR 1587

Re B [2007] EWCA Civ 1055; [2008] 1 FLR 613; [2008] Fam Law 17 at [4]

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