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.
With 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.
We acted for a father whose child aged 2 had been wrongfully retained in the USA by the mother. After Hague Convention proceedings the mother was obliged to return the child to England. She chose deliberately to live 250 miles from the previous family home.
We acted for a mother who wanted to return to Canada with her 14 year old twins. The father and the mother separated in 2010. There was then a series of Children Act proceedings. The mother asked the father whether he would consent to the children relocating to Canada.He refused.Meet Our Experts In Child Law
If you are seeking advice on a child related matter, Wikivorce can provide you with advice from one of our own Consultants or from one of our partner solicitors.
Ruth is a Divorce Consultant specialising in Child Arrangements.
Ruth is a Qualified Paralegal specialising in Family Law in both England/Wales and Scotland, with a particular interest in the law as it applies to children. She is the co-author of The Family Law A to Z - A reference book for litigants & students. This is a comprehensive and detailed A to Z of family law terminology and jargon, covering the English and Welsh jurisdiction.
She has a wide-ranging, in-depth understanding of family law both in England/Wales and Scotland, with a particular interest in the law as it relates to children. She has a comprehensive understanding of current legislation, procedures and forms.
Wikivorce is very proud of Ruth winning "Paralegal of the Year" in the 2015 Family Law awards.
Ruth has helped hundreds of Wikivorce clients who needed assistance with reaching agreement on child arrangements such as schooling issues, living arrangements, holiday planning, parental responsibility and a whole range of other issues.
Simon, our specialist and highly experienced child issues solicitor.
Simon is a partner at a successful law firm with a strong family law team that is recognised by the Legal 500 and Chambers directories for their high level of expertise and commanding knowledge of all areas of child law. Simon is a specialist in international child abduction law.
He is one of only a handful of qualified lawyers in the UK who is a member of the International Child Abduction Hague Convention and Wardship panel. Simon is one of the few recommended solicitors endorsed by Reunite and ICACU. His family law expertise includes ancillary relief matters, and he has a deep understanding of international family law. He recently became a member of the International Bar Association.
Simon is a partner and head of Family Law at a well highly respected law firm which has grown rapidly in the last few years and now has over 250 employees. They have a large and experienced family law department that is capable of handling complex cases involving divorce, finances and child contact/residence issues. They are fully accredited by the Solicitors Regulation Authority and follow their code of conduct.
