Moving a Child Outside the UK After Divorce or Separation

18/05/2016

If a parent wants to move to a different location with their child and the other parent objects, a relocation dispute can arise.

With more children being born into international families, there are a number of situations where relocation issues may arise. You may have been offered a job overseas, for example or you might want to return to your country of birth where you have family and friends or you may need to move home to look after parents or other family members. You might even have remarried and want to move to a different country with your new partner.

Trying to reach agreement about the arrangements for children when a relationship breaks down can be difficult enough, but it can be even more challenging if one parent wants to move outside UK with the child.

With more international families it’s becoming increasingly common for disputes to arise about where children will live when parents separate. When parents share responsibility for a child, they both need to consent to the relocation of the child outside UK.

Taking children out of the country without the other parent’s consent is child abduction and is a criminal offence.

If you’re a parent seeking to relocate with a child to a country outside the UK, there are a number of ways that agreement can be reached. Some parents are able to reach agreement together, some with the assistance of a mediation service, while others may need to use a family solicitor.

If there’s a residence order or child arrangements order in place in respect of a child, the order provides that no person may remove that child from the UK without either the written consent of every person who has parental responsibility or the leave of the court. This, however, doesn’t prevent the parent with whom the order is in favour of from removing the child for a period of less than one month.

Whether there is an order in place or not, the consent of the other parent is required and if consent can’t be obtained, then the court’s permission will be required. Even if the other parent doesn’t have parental responsibility, it would be advisable to obtain written agreement.

If agreement can be reached, then the arrangement can be formalised in a consent order which can be submitted to the court for approval with a C100 application. The order can set out the arrangements for the child to spend time with the non-moving parent. Consideration would need to be given as to how the child can continue to have a positive relationship with the other parent, including direct contact and indirect contact using facetime and Skype.

If you’re a parent who is agreeing to your child relocating to a different country, then it’s important that you consider formalising the arrangement in a court order so that it’s clear when the child will be made available to spend time with you directly and indirectly.

If a proposed move is within the EU, an order made by the English court will be enforceable, although this doesn’t apply to Denmark. Similarly, if the proposed move is to a country which is a signatory to the 1996 Hague Convention, orders from the English courts may be recognised and enforced.

If the relocation isn’t to a country within the EU or a 1996 Hague Convention country, then specialist advice would be needed.

If no agreement can be reached about whether it’s in the best interests of a child to relocate abroad, then the court’s permission would be required. An application for permission to remove a child from the country can be made, setting out the reasons why the move is being proposed and the positive benefits to the child.

Parents are advised that the Children and Families Act 2014 made it a requirement for a person to attend Mediation Information and Assessment Meeting (MIAM) before certain applications can be made to the court. A MIAM is a short meeting that provides information about mediation as a way of resolving disputes. There are exemptions to attending a MIAM; for example if you’ve been the victim of domestic violence or if there are child protection concerns. If this is applicable, we can provide further information about exemptions.

In all cases relating to external relocation the court’s paramount consideration is the welfare of the child concerned and the court is likely to consider the following factors:

• The motivation of the parent seeking to relocate
• The plans of the parent seeking to move
• The plans of the parent seeking the child to remain
• The proposals for the involvement of the other parent in the child’s life
• The plans put forward by the parent opposing the move
• The child’s wishes and feelings in light of the child’s age and maturity

As members of Resolution, Russell & Russell’s family department is committed to helping parents deal with matters in a constructive and non-confrontational manner, putting the needs of the children first.

In urgent matters where there is a real and imminent risk that a child may be removed from the country, the police should be contacted.