Gaining Permission to Relocate Abroad with a Child

Gaining permission to relocate abroad with a child

Gaining permission to relocate abroad with a child when the other parent does not consent may seem like an impossible task but there are legal options. The legal procedures, rights, and obligations involved can often seem overwhelming but not if you have a knowledgeable and supportive family law solicitor by your side, especially one that specialises in international family law.

If you are contemplating moving abroad with your child and facing opposition from the other parent regarding such a move, our family law solicitors can help you understand your legal rights and obligations.

Understanding International Relocation with a Child from the UK

Relocating abroad with a child from the UK involves more than just booking a flight and packing your bags.

It requires careful consideration of legal procedures and obligations, particularly if you are a divorcing or separated parent.

The term ‘relocate abroad with child UK’ refers to the act of moving to a foreign country with a child, typically following a divorce or separation.

This move can have significant implications for the child’s welfare, the relationship with the other parent, and the legal rights of both parents.

Legal Requirements for Relocating Abroad with a Child

The legal requirements for relocating abroad with a child from the UK are stringent and must be adhered to strictly. Firstly, you must obtain permission to relocate with the child. If both parents agree to the move, the process can be relatively straightforward.

However, if one parent opposes the relocation, the matter can become significantly more complex, often requiring court intervention to resolve. If the Court agrees, consent may be obtained from the family court in the form of a Relocation Order.

The Family Court and Relocation Orders

When consent for relocation is not forthcoming from the other parent, the family court becomes the arbiter.

The court has the power to grant a Relocation Order, which gives the relocating parent legal permission to move abroad with the child.

However, obtaining a Relocation Order is not a straightforward process. It involves a detailed examination of the circumstances surrounding the proposed move, with the child’s best interests always at the forefront. For any chance of obtaining a Relocation Order it’s essential to have a family law solicitor that has experience and a successful track record in obtaining Relocation Orders. Tyrer Roxburgh can help.

How to Apply for a Relocation Order

Applying for a Relocation Order involves several steps. Firstly, you must complete a C100 form, which is the standard application form for any order under the Children Act 1989.

This form must be submitted to the Court, along with a written statement detailing the reasons for the proposed move.

The Court will then schedule a hearing to consider the application.

The steps to apply for a Relocation Order include:

  1. Completing the C100 form
  2. Preparing a written statement detailing the reasons for the move
  3. Submitting the application to the court
  4. Attending the court hearing

Factors Considered by the Family Court

The family court considers a range of factors when deciding on a Relocation Order. These factors are all designed to ensure that the Court’s decision is in the best interest of the child.

The Court will consider the child’s age, needs, and wishes, as well as the potential impact of the move on their relationship with the non-relocating parent.

The Court will also consider the relocating parent’s reasons for the move and the practical arrangements for the child in the new country.

The factors considered by the Court include:

  • The child’s age, needs, and wishes
  • The potential impact of the move on the child’s relationship with the non-relocating parent
  • The reasons for the proposed move
  • The practical arrangements for the child in the new country
  • Any harm the child has suffered or is at risk of suffering
  • The capability of each parent to meet the child’s needs
  • The effect of a change in circumstances on the child
  • Any other factor the court considers relevant

The Best Interest of the Child: A Paramount Consideration

In all decisions involving children, the family court prioritises the child’s best interests.

This principle is enshrined in the Children Act 1989, which states that the child’s welfare shall be the Court’s paramount consideration.

In relocation cases, this means the Court will carefully consider how the move will affect the child’s physical, emotional, and educational well-being.

Impact on Child Arrangements and Parenting Plans

Relocating abroad with a child can significantly impact existing child arrangements and parenting plans.

These arrangements, which detail how the child will spend time with each parent, may need to be revised to accommodate the move.

The Court will consider the feasibility of the proposed new arrangements, including the child’s ability to maintain a meaningful relationship with the non-relocating parent.

The Role of Family Law Solicitors in Child Relocation

Our Family law solicitors can play a crucial role in child relocation cases. We will provide expert advice on the legal procedures involved, helping parents understand their rights and obligations. Our solicitors can also assist in preparing and presenting a strong case for relocation to the family court.

If you’re considering relocating abroad with your child, it’s essential to seek legal advice early to ensure the best chance of successful securing permission. By speaking to us during the early stages, our family law solicitors will take action to try and avoid Court intervention. This may be in the form of mediation or arbitration which is cheaper and far less stressful and generally provides for a more amicable solution that will work for the longer-term.

Preparing for a Successful Relocation

Relocating abroad with a child from the UK is a complex process, requiring careful planning and preparation.

Understanding your legal rights and obligations, seeking early legal advice, and prioritising the best interests of your child are key steps towards a successful relocation. Remember, the journey may be challenging, but with the right support and guidance, it is possible.

We pride ourselves on being friendly and approachable so if you need advice from one of our friendly solicitors, please do get in touch by calling 0208 889 3319 or via one of the options below.

The first introductory call is free and enables you to outline your circumstances and for us to explain how we can help. Our team are friendly and approachable and are always happy to answer your questions.

If you have a question about our services, please use our online form to send us an email.

If you need to speak with someone you will always receive a friendly welcome if you telephone between the hours of 9am-5pm but if we are closed, you can  request a callback. We will call you back as near to your requested time as possible.

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