HC Deb 06 November 2003 vol 412 c775W
Sir Nicholas Winterton

To ask the Parliamentary Secretary, Department for Constitutional Affairs pursuant to his answer of 22 October 2003,Official Report, column 631W, on divorced parents, if he will commission research on the impact upon children of one divorced parent being given leave to remove their children from the United Kingdom; and if he will make a statement. [136099]

Mr. Lammy

There are no plans to commission such research. Applications to remove children from the jurisdiction (of England and Wales) are made under Section 13(1)(b) of the Children Act 1989. The Section stipulates that where a residence order made under the Act is in force with respect to a child, no person mayremove him from the United Kingdom; without either the written consent of every person who has parental responsibility for the child or the leave of the court".

However, to take a child out of the country either parent requires the written or oral consent of the other parent, even if it is for less than one month. Where there is a residence order in place, the parent in whose favour the residence order is made may remove or send the child outside the UK for up to one month, provided there are no other court orders in place, e.g. a prohibited steps order. When making a residence order, the court may grant the necessary leave to remove the child either generally or for specific purpose.

Sir Nicholas Winterton

To ask the Parliamentary Secretary, Department for Constitutional Affairs pursuant to his answer of 22 October 2003,Official Report, column 631W, on divorced parents, if he will estimate the percentage of cases in which divorced mothers are successful in obtaining leave to remove their children from the United Kingdom. [136100]

Mr. Lammy

We do not have the data available to enable such an estimate to be made. Figures are kept of the total number of orders made under section 13 of the Children Act 1989 for removal from the jurisdiction since 2000 (when figures were first collected). Separate figures are not held for mothers and fathers.

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