(1)Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may—
(a)cause the child to be known by a new surname; or
(b)remove 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.
(2)Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by a person named in the child arrangements order as a person with whom the child is to live .
(3)In making a child arrangements order to which subsection (4) applies, the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.
(4)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
(a)with whom the child concerned is to live, and
(b)when the child is to live with any person.
Cases considering section 13 67
[2024] EWCA Civ 1582 · 18 December 2024Interprets
Interprets the restriction as applying to causing a child to be known by a new surname, not to a change of given name. (see paras [22]-[24]; [29])
Applies the surname restriction where the child arrangements order regulates with whom and when the child is to live. (see paras [23]-[24])
[2017] EWCA Civ 980 · 12 July 2017Limits
The court distinguished a statutory permission for a short overseas stay from a parental agreement. Under section 13, no breach occurs before the permitted period ends unless a domestic court varies the position; a parental agreement carries an undertaking to return at the end of the agreed period (see paras [126]-[127]).
[2015] EWCA Civ 1298 · 18 December 2015Defines
The court treated section 13 as a separate restriction on removal from the United Kingdom and held that the prohibition fell away when the order affecting E was discharged. (see paras [54]–[64])
The court applied the requirement for parental consent or leave of the court before removal where the relevant child arrangements order remained in force. (see paras [54], [64]–[65])
The court noted that change of surname, like removal, was separately addressed by Parliament, although no surname issue arose for decision. (see paras [54]–[55])
The court applied the removal restriction to J and held that it ceased to operate for E once the child arrangements order was discharged as to him. (see paras [54], [64]–[65])
The court used the statutory definition of the child arrangements orders to which the removal restriction applies when analysing the 2006 shared residence order. (see paras [54], [56]–[60])
The court relied on the limb concerning with whom a child is to live in identifying the relevant existing child arrangements order. (see paras [54], [56]–[57])
The court relied on the limb concerning when a child is to live with a person in identifying the relevant existing child arrangements order. (see paras [54], [56]–[57])
47 more judgments, and what each says about section 13, are in the
case-law panel in the full Act.