Relocating abroad with a child after separation or divorce usually requires the agreement of everyone with parental responsibility or permission from the Family Court. This article explains when consent is needed, what a relocation order is, how the court decides these cases, and what steps a parent can take if the other parent does not agree.
Understanding International Relocation with a Child from the UK
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.
Relocation with a Child Involves Legal Obligations
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:
- Completing the C100 form
- Preparing a written statement detailing the reasons for the move
- Submitting the application to the court
- 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.
Frequently Asked Questions
Do I need permission to take my child abroad?
Yes, in most cases you need permission from everyone with parental responsibility before taking a child abroad. If you do not have that permission, you may need to apply to the court before travelling. There is an exception where a child arrangements order names you as the person the child lives with. In that situation, you can usually take the child abroad for up to 28 days without further permission, unless a court order says otherwise. For permanent relocation, you should obtain written consent or a court order.
Can a father stop a mother taking a child on holiday?
A father may be able to object to a mother taking a child abroad if he has parental responsibility and does not consent to the trip. If there is a genuine concern, he can apply to the Family Court for a prohibited steps order to prevent the child being taken abroad. The court will consider the reason for the objection, the travel plans, the risk of non-return, and whether the proposed holiday is in the child’s best interests. If the concern is about permanent relocation rather than a short holiday, urgent legal advice should be taken.
What is a relocation order?
A relocation order is a court order that gives a parent permission to move abroad with a child when the other parent does not agree. It is often dealt with as a specific issue application under the Children Act 1989. The court will focus on the child’s welfare. It will consider matters such as schooling, housing, healthcare, finances, immigration status, the child’s relationship with the other parent, and how contact will continue after the move.
How do I apply for a relocation order?
You usually apply for permission to relocate abroad with a child using Form C100. The application should explain where you want to move, why the move is proposed, and how the child’s practical, emotional and educational needs will be met. You will usually need to attend a Mediation Information and Assessment Meeting before applying, unless an exemption applies. A strong relocation application should include detailed evidence about housing, schooling, healthcare, travel, finances, immigration arrangements, and proposed contact with the other parent.
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About the Author
Vasoulla Constantinou is a partner at the firm and Head of Family Law. She is a SRA regulated family law solicitor with over 20 years of experience and has been awarded a specialist accreditation by Resolution, an organisation committed to the constructive resolution of family disputes in a non-confrontational manner. Vas advises clients on all matters relating to family law including divorce, financial issues and child law. For more information visit her full profile.
