Leaving on a jetplane
Above: .
As our world becomes increasingly smaller thanks to faster modes of air transport and greater choice of routes, movement across international boundaries is becoming more common. Reasons for this greater movement in population include the fact that people are finding partners from other countries or they are taking up jobs abroad.
But what happens where a separated parent wants to move abroad, taking a child with them, while the other parent remains in the UK? This can severely limit the ability of the other parent to maintain a relationship with that child. What does the law say?
Can I take my child abroad?
There is no restriction on a parent’s ability to move a child within England and Wales. Taking a child abroad requires the consent of everyone with parental responsibility for the child, or a court order. Failure to have these permissions can be a criminal offence.
What if the parents can’t agree?
Where a parent wishes to take a child permanently abroad, and the other parent objects, the court has to consider the following tests.
- Is the reason for moving abroad genuine, or based on a selfish desire to exclude the other parent? Have practical, researched proposals been made for the child while abroad?
- If so, what is the other parent’s basis for objection? Is it based on genuine concern for the child or an ulterior motive? What is the effect on the relationship between the child and parent who is “staying behind”? Is this offset by the move abroad?
- What would be the effect on the parent who wishes to move, if the application is refused? This includes the emotional and psychological wellbeing of the parent with care of the child?
- This is subject to the overriding principle that the court must act in accordance with the child’s best interest.
The current state of the law is generally considered to be that, if the parent that wishes to relocate can show a good reason for emigrating, and well thought-out plans for when they get there, the court is likely to grant permission for the child to be removed.
Cases have been reported where plans were not found to be sufficiently well thought out, and permission to remove was refused.
What about holidays?
Taking a child abroad temporarily does not involve the same factors, and so long as suitable assurances about returning can be given, holidays are likely to be permitted. If a parent is granted a residence order, that parent can take the child abroad for a period of no more than one month, without either the other parent’s consent or a court order.
What if a child is taken abroad without permission?
That depends on the country the child is taken to. Some countries have signed an international convention on Child Abduction, and if a child is taken to such a country then there is a procedure for the courts of that country to assist in return of the child. If the child is not taken to such a country, then seeking the child’s return depends on the local laws. In either case, specialist legal advice should be sought as soon as possible.