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Where parents separate, the parent with care of the children may want to return to his or her home country or a new place of work. This can involve a wish therefore to relocate a child from England & Wales to a different foreign country or elsewhere within the United Kingdom.
Where there is no Child Arrangements Order in force, the consent of any person with parental responsibility must be obtained before a child is taken out of the country and relocated as otherwise the removal could amount to child abduction.
Where a Child Arrangements Order is in force a child may not be taken out of the country for more than one month without the consent of all people who have parental responsibility or the permission of the court.
If your partner refuses to consent to the relocation, then you will need the permission of the court.
This will involve an application for a specific issue order.
A CAFCASS officer is likely to be appointed to report to the court about the child welfare issues and will provide recommendations to the family judge. You will also need to prepare a statement of evidence to put your case forward and why you feel it is in the children’s best interests to relocate overseas.
If you do not have your partner’s consent or the permission of the court to relocate then this may amount to parental child abduction.
International Family Law
Divorce Finances
There have been a number of recent cases about the international relocation of children. It is important to consider, for example:
In the past a lot of weight has been attached to the wishes of the parent wishing to relocate and the effect of the refusal upon that parent, but this has been challenged recently. A family court will consider what is the in the best interests of the child and apply a welfare test.
We have more information about the general family law principles here.
If you wish to move outside the jurisdiction of England & Wales but within the United Kingdom, for example to Scotland or Northern Ireland, consent still needs to be obtained from all of the people who have parental responsibility or in the absence of this, the permission of the court.
If you wish to move within the jurisdiction of England and Wales, for example, from Manchester to Cornwall, whilst it is in the same jurisdiction all people who have parental responsibility should be consulted about big decisions within a child’s life and therefore consent is advisable or permission of the court.
Where a child is, however, to relocate to a foreign jurisdiction, whether by the parents’ agreement or court order, it is very important to consider what the actual international contact arrangements will be and how frequent this is to occur and that this child contact is both safe and secure.
If any of these issues affect you, then please call us as we can help you.
Maguire Family Law are experts in child relocation and international cases involving children. James Maguire is a Fellow of the International Academy of Family Lawyers. He is also on the panel for a number of embassies including the US Embassy and British Consulates overseas. We also have contact to several leading lawyers worldwide.
