Hi
When the court gives an SGO without the leave to remove from jurisdiction, the guardians can still remove the child for a period of upto/no more than 3 months.
My queries with this, as there is no clear information around this, are:
1. How is the 3 months calculated? Is it 3 calendar months or is it a calculation of 3 x 28 or 29 or 30 days from the date you leave the country?
2. If you leave the country and return with the '3 months', how long before you can leave the country again to go abroad?
Thanks in advance.
SGO and removal from Jurisdiction
SGO and removal from Jurisdiction
_________________________________
Grandparent Carer with SGO
Grandparent Carer with SGO
- David Roth
- Posts: 2021
- Joined: Thu Aug 10, 2006 11:14 am
Re: SGO and removal from Jurisdiction
What the law says about this is that a child who is subject to an SGO cannot be removed from the United Kingdom without either the written consent of everyone who has parental responsibility for the child or the leave of the court. However, this does not prevent the special guardian taking the child abroad for less than three months.
I would say that this is referring to three calendar months. If you took a child abroad on 1st December, the child should be back in the UK before 1st March.
There is no hard and fast rule about how long the child has to be back in the country before going abroad again. However, if the child only came back for token amounts of time, eg for a week every three months, then it could be said that effectively you had removed the child from the United Kingdom. If you want to move abroad with the child, then it would be best to either get the agreement of the people with parental responsibility, or if they won't agree then get a specific issues order from the court. If you were to do this, then you would need to show that you had taken into account the child's contact with their parents and other important people.
I would say that this is referring to three calendar months. If you took a child abroad on 1st December, the child should be back in the UK before 1st March.
There is no hard and fast rule about how long the child has to be back in the country before going abroad again. However, if the child only came back for token amounts of time, eg for a week every three months, then it could be said that effectively you had removed the child from the United Kingdom. If you want to move abroad with the child, then it would be best to either get the agreement of the people with parental responsibility, or if they won't agree then get a specific issues order from the court. If you were to do this, then you would need to show that you had taken into account the child's contact with their parents and other important people.
David Roth
FRG Policy Adviser
FRG Policy Adviser
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