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Obtaining permission from the court to take your children to live overseas

To take a child from England & Wales to another country you will need permission from everyone who has parental responsibility or, if child proceedings are ongoing, permission from the court. If you remove a child from England & Wales without the appropriate permission you will be deemed, under the Hague Convention on Child Abduction, to have abducted the child. Therefore, it is very important to seek legal advice at an early stage.

leave-to-remove-approved.jpgWith the move from custody to parental responsibility, shared care arrangements and the presumption of involvement from both parents it has become more difficult for one to relocate to another country.

The Children Act contains no specific provision for permission to relocate and so the court will focus on whether it is in the best interests of the welfare of the child.

 In addition to considering the welfare of the child the court will also need to be convinced that any relocation is not a veiled attempt to deprive the remaining parent of contact.

So any application made must be very clear on the reasons for the relocation such as improved career prospects. Considering how contact can be maintained including travel and video calls will help to support a well thought through application. As will presenting a clear picture of what the child's life would be in their new home with details on education, child care and family support.

 

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