If following a relationship breakdown you are thinking about relocating abroad (or to a different part of the country) with your children, you will need to be aware of the relevant legal rules.
You will need specialist advice from a solicitor to help the relocation to take place smoothly. In the excitement of a move abroad, taking legal advice may not be the first thing that comes to mind. However making sure the legal boxes have been ticked will mean that there are fewer complications following the move, leaving you and your family to enjoy your new home.
The desire to relocate abroad with children often occurs in international families where one parent is from another country and wishes to return to their home country following a relationship breakdown. This commonly happens when that parent wants to be closer to their family or maybe they have a new job offer abroad. Sometimes the parent has a new partner who lives aboard or they together decide for lifestyle or other reasons that a relocation is the best thing for their new family.
Relocation to outside of England and Wales requires permission of the other parent and anyone else that has parental responsibility (as indeed does a holiday unless there is a relevant Court Order already). Parental responsibility gives a person rights and responsibilities for the children which includes the right to decide whether a relocation takes place. A mother will automatically have parental responsibility. A father will also have it if he meets certain criteria. Sometimes, others may have parental responsibility too, such as grandparents. We will check all this for you.
The desire to relocate abroad with children often occurs in international families where one parent is from another country and wishes to return to their home country following a relationship breakdown. This commonly happens when that parent wants to be closer to their family or maybe they have a new job offer abroad. Sometimes the parent has a new partner who lives aboard or they together decide for lifestyle or other reasons that a relocation is the best thing for their new family.
Relocation to outside of England and Wales requires permission of the other parent and anyone else that has parental responsibility (as indeed does a holiday unless there is a relevant Court Order already). Parental responsibility gives a person rights and responsibilities for the children which includes the right to decide whether a relocation takes place. A mother will automatically have parental responsibility. A father will also have it if he meets certain criteria. Sometimes, others may have parental responsibility too, such as grandparents. We will check all this for you.
Seeking specialist legal advice at the earliest possible stage is sensible. If you instruct us, will provide you with lots of useful advice about how best to increase your chances of gaining permission from the other parent. At the beginning, you may not want the other parent to know that you have a solicitor. Therefore as your solicitors, we will guide you on how best to ask for permission yourself. It is always a good idea to get the permission in writing and we will advise you about this.
Relocating with children without the necessary permission is child abduction and this is why it is really important that you have specialist legal advice early.
If the other parent refuses their permission to the relocation, unless some exceptions apply, you would need to attempt mediation with the other parent. Mediation is an alternative way of resolving a dispute without going to Court. An impartial and professionally qualified mediator will assist you to reach a mutually acceptable settlement after exploring the issues around the relocation. We can recommend an appropriate mediator and you can continue to consult with us in between mediation sessions. If mediation is successful and you reach an agreement with the other parent then it will be possible to make that agreement legally binding so that once you have relocated, you cannot be accused of child abduction. If mediation is not successful, we will advise you about making a Court application for the Court’s permission for the relocation.
The success of your application to relocate your children will depend on very thorough planning. You will need to show the Court that the relocation is in your children’s best interests. Most parents will only be considering relocating if they truly believe it is best for their children. One of the things we as your solicitors will do to show this to the Court is to prepare extremely detailed written evidence setting out why your relocation is important to your family, how it is in your children’s best interests and how it can work taking into account the practical factors involved.
After you have successfully relocated with your children, you may have some things to tie up either just before you relocate or shortly after depending on what the relocation Order specifies. This might be registering the English Order in the country to which you relocate, this can be helpful for both parents. We will help you and put you in touch with a lawyer in the other country if needed.
Relocating with children without the necessary permission is child abduction and this is why it is really important that you have specialist legal advice early.
If the other parent refuses their permission to the relocation, unless some exceptions apply, you would need to attempt mediation with the other parent. Mediation is an alternative way of resolving a dispute without going to Court. An impartial and professionally qualified mediator will assist you to reach a mutually acceptable settlement after exploring the issues around the relocation. We can recommend an appropriate mediator and you can continue to consult with us in between mediation sessions. If mediation is successful and you reach an agreement with the other parent then it will be possible to make that agreement legally binding so that once you have relocated, you cannot be accused of child abduction. If mediation is not successful, we will advise you about making a Court application for the Court’s permission for the relocation.
The success of your application to relocate your children will depend on very thorough planning. You will need to show the Court that the relocation is in your children’s best interests. Most parents will only be considering relocating if they truly believe it is best for their children. One of the things we as your solicitors will do to show this to the Court is to prepare extremely detailed written evidence setting out why your relocation is important to your family, how it is in your children’s best interests and how it can work taking into account the practical factors involved.
After you have successfully relocated with your children, you may have some things to tie up either just before you relocate or shortly after depending on what the relocation Order specifies. This might be registering the English Order in the country to which you relocate, this can be helpful for both parents. We will help you and put you in touch with a lawyer in the other country if needed.
We represent clients in England, Wales and abroad in respect of international family law issues and are increasingly being instructed in these complex international children matters.
Our considerable experiences means we’re able to take a culturally sensitive approach to these cases.
We are here to help.
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