baby owl Reg

Welcome to our Leave to Remove Quiz. Answers are given at the end, and references to case law, legislation and procedure rules where relevant.

Leave to remove applications in the family court relate to cases where one parent wishes to emigrate with the children to another country, and seeks the courts permission to do so.

If you find this quiz helpful, try one of our other family law quizzes. We do not ask for any information which discloses the identity of people who take our quizzes.

1) According to the guidance in Payne v Payne, which two 'hurdles' should a parent wishing to relocate satisfy, as part of their application?

2) On the question of the parent seeking to relocate and their motives. Which of the following motives might a court accept as a reasonable? Choose one answer only.

3) Which level of judge should hear a case involving relocation to a non-Hague Convention country (e.g. a country not party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction)?

4) It is possible for the court to award shared living arrangements (previously referred to as shared residence), even if leave to remove is granted, and the children have homes in two different countries?

5) Does the guidance within Payne v Payne set a binding precedent on the lower courts (e.g. MUST the court follow the guidance set out in the case Payne v Payne)?

6) Is there a legal principle or evidential assumption in favour of an application to relocate by the primary carer?

7) What matters should a court consider in relation to applications for temporary leave to remove from the jurisdiction, to a non-Hague Convention country (a country which is not party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction). Choose one answer only.

8) A parent seeking to prevent a leave to remove, should consider applying to the court for...

9) Where a child moves lawfully from England and Wales to another country in the EU (where that country is a party to EC Council Regulation No 2201/2003), how long will the court in England and Wales normally retain jurisdiction?

10) Why should form C61 be completed when leave to remove has been granted, where the children are relocating to a country in the EU which is party to EC Council Regulation 2201/2003?

11) Which case law is useful to cite to address the argument that "virtual parenting time" (e.g. contact via Skype or Facetime) is an acceptable alternative to physical contact? In this case, the social worker concerned gave opinion that 'you can't hug Skype' and the judge questioned the reliability and suitability of this medium of communication.

12) Which circumstances have historically caused a court to reject an application for leave to remove? Choose one.