Child Relocation
Child relocation and a specific issue order
If a parent wishes to move abroad with their child, either temporarily or permanently, they must first have the consent of the other parent, or have been given permission by the family court to do so. If they do not get this permission, the relocation will be considered as child abduction, which is against the law.
The relocation could also be within the UK, but be too far way for contact to take place with the remaining parent.
It may be that you have some reason to believe that your child may be taken abroad permanently without your permission we can make an application to the family court to prevent this from happening, and it can be made on an emergency basis if necessary, so that the Court will process and consider the application as a matter of urgency.
It may be that there is already an existing court order in place regarding where the child lives so that you require further input from the court in relation to these plans.
Prior to making an application to the court, you have to attend a meeting with the other parent and a mediator to try to come to an agreement. This is essential, unless there is a reason why attending a mediation meeting is unsuitable, such as domestic violence or concerns regarding the safety of the children.
If you need to apply for a court order in order to move abroad or to prevent your child from doing so, an application can be made to the family court to make an order either permitting you to move or preventing your child from being relocated.
The Court will consider a number of factors before making a final decision regarding whether a child will be permitted to move abroad permanently.
Making an application
Once an application is made to the Court, a copy will be sent to the other parent or any other relevant parties, and a first hearing will be listed. The first hearing will be used to determine what the issues are and if the parties are unable to come to an agreement at this hearing, the court will make directions regarding what is required in order for an agreement to be reached as well as making directions for future hearings.
There is no specific number of hearings that may take place so that a final order can be made by the Court. A number of pieces of evidence may be required in order for the court to make a decision, such as a list of allegations to be made by the parties that require investigation, witness statements, expert reports such as psychological reports, police evidence, a CAFCASS report and other key pieces of evidence.
The final order and how it is made
The court will consider a number of factors in making a decision regarding whether a child will be permitted to move abroad permanently.
Initially, the court will consider what the reason is regarding the decision to move abroad and whether this primarily relates to the child’s welfare or to some other motive. The impact on the move in relation to the child, the remaining parent and their relationship will also be an important factor as well as relationships with other family members remaining in the UK. Similarly, the impact on the child in relation to being removed from the United Kingdom, and all that they know as familiar will also be an important consideration. The impact of the childs education, standard of living, cultural or religious identity will all be relevant factors which the court will also consider.
Additionally and as with an application for child contact, the childs welfare and what is in the best interests of the child will be the primary concern of the Court. This includes:
- The ascertainable wishes and feelings of the child (considered in light of her age and understanding)
- Her physical, emotional and educational needs
- The likely effect of any change in her circumstances
- Her age, sex, background and any characteristics of hers which the Court considers relevant
- Any harm which she has suffered or is at risk of suffering
- How capable each of her parents and any other person in relation to whom the Court considers the question to be relevant is of meeting her needs
A final order will either grant or refuse permission for the child to be moved abroad or otherwise. There will be provisions within the order detailing what contact the remaining parent would have as well as undertakings for the parent wishing to move to obtain the same order in their new jurisdiction, if applicable.
If you require further advice, information or assistance regarding the service outlined above, please get in touch below: