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Child’s stay

25 May 2018 / Lucy Clark
Issue: 7794 / Categories: Features , Child law , Family
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Temporary relocation of a child: a practical approach, discussed by Lucy Clark

  • Temporary relocation cases are ones where a proportionate approach needs to be adopted.
  • Many family law specialists have advised that extreme caution is recommended when a client wishes to agree to a temporary relocation.

Temporary relocation cases tend to fall into two categories. The first category is for a holiday with a typical duration of a few weeks, for example to allow a child to return to a mother’s home country to see wider family during the summer holidays. The second category is a stay of a longer duration, perhaps of several months. It may be to enable a child to have an extended stay with family or to allow the parent to pursue a temporary job opportunity.

Section 13 of the Children Act 1989 permits a person with whom a child lives (as recorded in a court order) to remove a child from the United Kingdom for a period of one month without the permission of the court or the

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