Relocation Abroad With Your Child – What Do You Need To Do?
If you are considering a move overseas, it is important to obtain the permission from all people who hold Parental Responsibility for the child before removing the child from the jurisdiction of England and Wales. Parental Responsibility is the term used to describe the legal rights and responsibilities that a parent has for their children. All mothers and most fathers have Parental Responsibility for their children.
Removing a child from the UK without the required consent may result in a criminal offence of child abduction. Though convictions are rare, the UK is a party to several international conventions which, depending on the Country, can be relied upon by the left behind parent to apply to the Court in the Country where the child has been taken for the child to be returned to the UK. If the child is then returned by a Court Order following an abduction or the left behind parent can prevent the relocation from taking place by obtaining Court Orders in England before it happens, it can be more difficult to then go on and obtain the permission of the Court.
What should you do when you decide you would like to relocate abroad with your child?
If you are considering taking your child out of the jurisdiction, it is always best to try to reach an agreement with the other parent either directly yourself or with the help of a solicitor or mediator. If you are able to agree matters in this way, a document can be signed by both parties which can then be provided at the airport, if necessary, to confirm the absent parent’s consent.
However, if the consent of the other parent is not forthcoming, an application can be made to the Family Court for a Specific Issue Order for permission to remove the child from the jurisdiction. This means that the court would need to consider the specific issue of whether you are able to move abroad with your child.
If you need to make an application to court, what will the court need to consider?
The court will consider what is in the best interests of the child and this will be their paramount consideration. Within your application, you will therefore need to provide as much information as you can regarding the relocation for the court to consider the following:
- Motivations for the proposed relocation.
- The child’s wishes and feelings.
- A detailed plan for housing, education, medical care and maintaining the child’s relationship with the left behind parent and extended family.
- Proposals for the child to spend time with the absent parent including when the child will see them and how this will/will not affect the child.
- The impact on the refusal oof an application on the parent wishing to relocate.
- Evidence of the child’s knowledge of or experience of the other jurisdiction and how any language difficulties might be overcome.
The motivations for your proposed relocation are important and it is important that these are clearly set out as they will be scrutinised by the court. The court will want to be confident that the intention to relocate is a genuine desire and a realistic plan. If the Judge believes that the application is even partly motivated by a desire to prevent or limit a relationship between the child and the left behind parent, it is unlikely to succeed.
The ascertainable wishes and feelings of the child or children concerned will be considered in light of their age and understanding. The views of an older child may not be determinative, however the older the child the more important it is that they are in agreement with the plan to relocate.
The court will also expect you to have a well-thought-out and detailed plan for housing, medical care and maintaining the child’s relationship with the left behind parent and extended family. Careful thought should be given to how these relationships can be maintained and proposals for international contact must be realistic. Each case will of course depend on the facts, but the court will need to understand how the costs of international contact will be met and what the time differences are for any indirect contact through video call or telephone. They will also need to consider the duration and costs of any flights to travel to and from the jurisdiction and the relocation destination.
In most cases, international relocation will adversely affect the relationship between the child and the left behind parent. This can sometimes be offset to a certain extent where the child will have more contact with family members in a new country. If this is the case, it is a good idea to carefully point out the benefits of relationships in the new country within your application.
That being said, you will also want to ask the court to consider the impact the impact on you if you were prevented from relocating. The Court must strike the balance between the parent’s freedom to relocate and the welfare of the child which might militate against relocation.
A relocation will give rise to a change in circumstances for the child and the court will consider the likely effect of such a change when considering what is in the best interests of the child. You should therefore also highlight in your plan the advantages to your child in terms of environment and education.
Ensure that you allow plenty of time to make your application ahead of the proposed relocation. It may be the case that the court considers that it is necessary to undertake a Section 7 Report to assist them with their detailed analysis and this can take time to complete.
It is always better to try and reach agreement without involving the court. However, if you are unable to do this, the court is always available to assist. Obtaining advice at an early stage is likely to be advantageous and may help you to reach an agreement. If you would like further information or advice regarding international relocation, please contact our Family Team on 01305 771 000.
