Relocating to another country with your child is incredibly exciting. However, if you share custody, it can also be incredibly complex. Moving abroad without the consent of the other parent could land you in serious legal trouble.
If you’re considering relocation abroad with child, here’s what you need to know.
Do You Need the Other Parent’s Consent?
In the UK, if you share custody with the other parent, you absolutely must get their consent before moving abroad with your child. This applies the same whether you have joint custody or the child primarily lives with you.
If the other parent does not agree to the move, you’ll need to get permission from the family court.
Failing to get consent from the other parent could lead to a child abduction case, under the Hague Convention. This could then lead to legal action, and you’d probably be ordered to return the child to their home country.
How Does the Court Decide if You Can Move Your Child Abroad?
If the other parent objects to the relocation abroad, you will need to apply to the court for a Specific Issue Order.
The court’s main focus will be the child’s welfare, so they will consider:
- The child’s relationship with each parent
- The impact of relocation on the child’s emotional and social well-being
- The practical arrangements you have in place for education, healthcare and accommodation
- Whether you are able to maintain the child’s relationship with the parent who isn’t moving
- The overall reason for moving and whether this move is in the child’s best interest
Preparing a Relocation Abroad Case
If you do need to go to court, to improve your chance of winning the case, you need to plan. You should think about:
- A clear explanation and reason for the move, and why it benefits the child. For example, you might talk about better education, better family support or better employment opportunities for yourself.
- Your plan for how you will maintain contact with the remaining parent, for example, through video calls, holiday visits, etc.
- What your living arrangements will be in the new country, including accommodation, school plans and access to healthcare.
Can a Parent Stop A Child Moving Abroad?
Yes. If the other parent does not agree to the move, they can stop the child from moving abroad.
Relocation abroad with child usually requires the agreement of both parents. So, if one parent objects, this could be enough to stop the move. This is especially true in cases where both parents have legal rights over the child.
Whether you’re the parent who wants to move or a parent who disagrees with the move, our family law experts can help you.