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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    We run a legal surgery here at our advice and drop in centre specifically for our clients who have experienced domestic abuse. A&N have been a constant support to this surgery over the year providing an invaluable service, they have been committed to the provision of legal aid advice and pro bono clinics and as such have enhanced the service provision which we are able to offer to our clients.

    Strategic Head of Service
    Derbyshire Domestic Violence and Sexual Abuse Service

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    Helen was absolutely fantastic, the case was long and difficult but Helen was there for me when I needed her on the telephone and at court. She didn’t beat about the bush and gave me constructive criticism which I appreciated. My kids are now safely home with me where they belong and they love the teddies you sent for them. It was a really lovely thought, Thank you for everything.

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    Liz Newbold & Her team were great from the very first phone call to the final court date, they did nothing but help whether it was a phone call or an email they got back to you as soon as they could. They were there for support when you needed it the most and they always put there all into every court date we had. I couldn’t have asked for a better solicitors to handle my case regarding my child. It was great to finally get victory and show we were not guilty, we couldn’t have achieved what we have done today without the help of Liz Newbold and her team of highly specialised solicitors and I am forever thankful for everything they have done for me and my family.

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    I’ve been working with A&N Care Solicitors since I was in PLO. I was in an OK place, then an incident occurred in July 2014 which resulted in the local authority taking away my child in to care. She went up for adoption last year in March but I kept fighting with the help of A&N care solicitors and did all that was asked. I fell pregnant and thought I couldn’t keep it, but nope, my solicitors and I kept fighting and I’ve had my daughter return from birth home. It’s resulted in my older daughter coming home too and not being adopted. I really have to say though without the help of Natalie and Ruth from A&N Care I wouldn’t be where I am today. I would recommend these to anybody if you are fighting for your children. Thank you very much A&N you are the best family law firm I’ve ever known.

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