Alex Davies
- Partner
- Family & Divorce
Relocating with a child internationally
The motivation for an international relocation may well be similar to that for internal relocation, for example a return to a home country for one parent or for a new job, however, the impact of an international relocation on family relationships is likely to be stark and, as such, they are extremely sensitive cases.
This article will help you understand your rights, responsibilities, and the process ahead.
Do I have to make an application for permission to relocate internationally?
If agreement can be reached between you and the parent to be left behind that the child concerned can relocate with you then no application for permission from the court is required. It would, however, be prudent to have something in writing confirming that the move is agreed.
If the ‘left behind’ parent objects to the move, then much like with internal relocation, a Specific Issue Order application would be required and the Court would then consider whether you should be granted permission to relocate with the child(ren).
What would happen if I simply took the child(ren) and moved abroad?
If you removed the child(ren) from the jurisdiction without permission of either the other parent or the Court, then you risk committing a criminal offence and the ‘left behind’ parent would be able to able to instigate abduction proceedings against you.
Any such proceedings would very likely be fatal to any subsequent application you wished to make for permission to relocate and it is, therefore, extremely important to ensure that you follow all the appropriate procedural steps if you do wish to move abroad.
What legal criteria will the Court use to assess and determine the application?
When deciding whether a parent should be allowed to internationally relocate with the child(ren), much like with internal relocations, the Court will be looking at section 1 of the Children Act 1989 (“the Act”), specifically at the factors set out in the welfare checklist, namely:-
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
- their physical, emotional and educational needs;
- the likely effect on them of any change in their circumstances;
- their age, sex, background and any characteristics of theirs which the court considers relevant;
- any harm which they has suffered or is at risk of suffering;
- how capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs; and
- the range of powers available to the court under this Act in the proceedings in question.
No single element above will be determinative and each individual case will turn on the facts.
What practical things will the Court consider when determining whether our child(ren) should be allowed to relocate with me?
The Court will want to understand how the relationship between the child(ren) and the ‘left behind’ parent will be impacted if permission to relocate is granted.
Distance and the ability to maintain a meaningful relationship will be one key factor the Court will look at – it is going to be somewhat easier to maintain a relationship if the countries involved are, say, England and France than it is if the countries involved are England the USA. That being said, just because the location may be geographically remote from England, it does not mean the application will not succeed. The resources, specific circumstances of the parties, the ability to travel between the two locations and the proposed arrangements for the ‘left behind’ parent to spend time with the children will all also factor into this analysis.
How much information do I need to provide the Court when seeking permission to relocate internationally?
The Court will expect you to have a clear and defined plan when seeking permission to relocate a child abroad and absent clear evidence that you have considered and (in some cases secured) the following, any application is going to struggle to succeed:
- Accommodation: you will need to demonstrate that there is suitable accommodation at your proposed destination and, ideally, you should be able to demonstrate that you have secured accommodation/will have no issues doing so, should you be granted permission to relocate.
- Connections: whilst there is no requirement for you to have any connections with the proposed destination, applications where you can demonstrate you have an existing support network of friends and/or family are likely to be considered more favourably.
- Schooling: you will need to demonstrate that there is suitable schooling at your proposed destination. You will need to identify a particular school and that, should you be granted permission to relocate, there would be a place available for the child(ren).
- Financial support: the Court will want to understand how you will be financially supporting yourself and the child(ren). If the driver behind the relocation is work, the Court will want to see evidence of the role and be satisfied that the move is financially viable.
- Time with the ‘left behind’ parent: the Court will want to be satisfied that there is a plan in place which will allow the ‘left behind’ parent to maintain a meaningful relationship with the child(ren). It will be important to demonstrate you have given this more than a cursory thought.
How long does it take for an internal relocation case to be determined in Court?
The Family Court remains extremely busy and it is likely that any application for permission to relocate will take a number of months (anywhere between roughly 6 – 12 months) to be determined. It is, therefore, important to have thought about your move well you would want to go, so that if you need to seek the permission of the Court, you are able to do so well in advance of any deadline for the move (eg: a new job).
How Wedlake Bell can help
It is extremely important when considering an international relocation to obtain advice at an early stage, to ensure that any such application has the best prospects of success. If you need advice on making or defending a court application that involves the international relocation of a child, or if you are affected by any other issue in this article, the Wedlake Bell Family team can assist.
Our children’s law practice specialises in child arrangements order applications, applications relating to schooling and prohibited steps orders, abduction cases and internal and international relocation cases. Please contact Jennifer Ball, senior associate in the family law team for further information.
Meet the team:
Jennifer Ball
- Senior Associate
- Family & Divorce
