International Relocation

Following the breakdown of a relationship, decisions concerning the arrangements for a child can be the most difficult to make. This is especially so if one of the parents’ wishes to move to another country.

Before a child can be taken out of the country to live, the written consent of every person with parental responsibility must be obtained. In the absence of consent, the permission of the court is required.

Removal of the child without the parental consent or permission of the court will be classed as abduction.

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    In considering whether permission should be given for a child to internationally relocate, the court will consider the following:

    • The reasons for the parent wishing to relocate.
    • What is in the best interests of the child.
    • The effect on the child of restricted contact with the other parent and family members.
    • Will language have an impact upon the child.
    • The effect of a refusal of permission on both the Applicant and child.
    • What the arrangements will be for the child after the proposed move, including where they live, their education, how they will be supported financially, and their contact arrangements with the non-resident parent.

    In all cases the court will consider the children’s welfare and both parents ongoing relationship with their children. It will also consider the motives of the parent wanting to relocate, whether their proposals are realistic, and the motives of the parent opposing the relocation.

    The court proceedings are likely to take between 6-9 months depending on whether an agreement can be reached by consent. There will be a number of court hearings to try and establish whether any agreement will be possible.

    If there is no agreement then the issue will be decided by a judge, at a final hearing, having considered all of the evidence and having heard the views and evidence of both parents.

    We our able to assist you if you are wishing to relocate or if you wish to oppose an application to relocate. Contact us today if you need support

    What our clients say

    Gill Noury is an excellent International Family Law Senior Legal Advisor. As my international child abduction case progressed in 2014 to a fortunate consent order after 5 months of intense legal battle I realized she was highly experienced and hands on. She not only provided me very good legal advice, but was also very sympathetic to my distraught situation. She was accessible all the times I needed to communicate with her or needed her personal support. She was at the same time very professional and demonstrated high integrity and human values. I found these attributes scarce in UK’s legal practitioner.

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