Relocation and Leave to Remove: A Report by The Custody Minefield

Foreword by Sir Bob Geldof. Published December 2009

The court is entirely informed by outdated social engineering models and contemporary attitudes rather than fact, precedent rather than common sense and modish unproven nostrums rather than present day realities. It is a disgraceful mess. A farrago of cod professionalism and faux concern largely predicated on nonsensical social guff, mumbo-jumbo and psycho-babble. Dangling at the other end of this are the lives of thousands of British children and their families.

How much longer must we put up with the state sanctioned kidnap of our most vulnerable?  Because in effect that’s what “Leave to Remove” amounts to. How much longer do we tolerate the vested interest intransigence of the appalling U.K. Family Justice system? How long before just one of them admit they have got it ALL wrong and apologise to their myriad victims?

Bob Geldof (December 2009) - Read the full foreword in our campaign report

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February 9th 2010 - Lord Justice Wall's judgment in the case Re: D(Children)

The first 'leave to remove' case to appear before the Court of Appeal since the publication of our report and the publication of our arguments for a new approach in leave to remove.

Lord Justice Wall accepts that:

...but he considers this not to be the right case despite the compelling arguments that the father presented. Permission to appeal was refused. Read the judgment and the charity, Families Need Father's critical appraisal of the judgment, which mirrors our own thoughts... 'unacceptable.' Click on the images to download the documents.

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Click on the image below to download and read real stories from the parents left behind

New Self-Help Legal Information Sheet for parents seeking to defend against a leave to remove application

For family law information, visit us at

www.thecustodyminefield.com

Few parents consider that they may lose contact with their children. When it happens they are devastated. For their children, the abrupt loss or significant diminishing of a relationship with a parent can have lifelong consequences.

50% of parents divorce, and the instances of a separated parent wishing to emigrate or move some considerable distance away within the UK are growing. Society is becoming more fluid and international relocation has become commonplace.

Thousands of children and parents are affected each year. Research exists confirming how harmful it is to a child to lose meaningful contact with the parent left behind. The risks include developmental and psychological harm. The courts ignore such research.

When separated from a parent:

• children are 40% more likely to suffer mental health problems;

• children are more likely to have inhibited social skills as an adult;

• children's educational development is likely to suffer;

• children are more likely to have behavioural problems in their teenage years, and the consequences include a greater risk of teen pregnancy, delinquency and depression.

If you divorce, and the resident parent decides to emigrate and remove your children from the country, the courts will grant their request in 90% of cases, even if you share residence. The chance of the courts agreeing to your ex-partner relocating in the UK, and taking the children with them is even higher.  The courts face mounting criticism for not properly considering the impact on children of allowing the relocation to proceed. Our report explains how the flawed judicial reasoning came into being, how children are harmed and how the law can be improved to better safeguard child welfare.

Where has the criticism of the UK Courts come from?

·         2005: a a debate within the Law Society, where 85% of solicitors polled agreed that the courts too readily allowed relocations to go ahead;

·         2005: the Supreme Court of New Zealand which threw out the UK's leading precedent as not being properly considerate of child wellbeing;

·         July 2009: The Centre for Social Justice and the charity Reunite which are both calling for the law to be changed;

·         October 2009: Early Day Motion 2059 was tabled in Parliament calling for greater legislative protection for children in relocation cases;

·         December 2009: The Custody Minefield and Sir Bob Geldof release a report confirming that children are harmed by the current application of law in the family courts.

Please also read our real stories page to learn how relocation affected other families and, one day, may affect you. Our briefing report (top) explains how your children are likely to be affected.