International Child Law

If one parent wishes to relocate with a child abroad and the parents cannot agree, a court application will be needed. This is known as a leave to remove or relocation application.

These are very difficult applications both to make and defend given the high emotions at stake. If you intend to make a relocation application, it is important that you think through all the practicalities of what life will be like in the new country for you and the child.

A parent who wishes to relocate with their child must put together detailed proposals for the court to consider. The court will want to know your plans including the following:

• Child’s best interest: are the proposals to move in the child’s best interest and why?
• Reasons for relocating:  is there a genuine reason for the move, or is it a move designed to thwart contact arrangements between the child and the other parent? What are the parents’ motivations?
• Child’s education: proposals for the child’s education, including details of the proposed school, its facilities, whether they have space available and whether proper enquiries have been made at the selected school.
• Accommodation: proposals about the accommodation selected, with photographs and details about the surrounding locality. Distance to school and other amenities need to be considered.
• Location: if relocating abroad, a description about the foreign country, an analysis of any cultural differences in existence and the impact this might have on the child.
• Flights: practical information about flight schedules and flight costs and proposals for who pays for flights. This is one example that goes to explaining how the relationship with the other parent will be promoted.
• Parental contact: how the parent ensures the child maintains a relationship with the other parent outside of contact time. Will they promote indirect contact on a regular basis? For example, by Skype, FaceTime, Facebook, telephone, or email?
• Impact of relocation: how will the proposals affect the child and the absent parent? Clearly, the more contact a child has prior to the move, the greater the impact upon the child. How will the parent address this?
• Risk of refusal or distress: if the court refused the application, how would this impact upon the parent who wishes to move? If that parent were to be extremely distressed at the prospect of a refusal, which would lead to him/her being isolated and having no support network, for example, this might have a detrimental impact upon the child.

When the court considers an application to relocate, its primary concern is the welfare of the child. The court will consider a statutory checklist known as the welfare checklist.

The court may ask the Children and Family Court Advisory and Support Service (Cafcass) to speak to the parents and possibly the children (depending on their ages) to prepare a report making a recommendation to the court.

The court will consider how permission or refusal to relocate will affect the parents and the children. The court will consider the parent's plans and whether the wish to relocate and opposition is genuine.

The court will consider the interests of the parents but if it is not possible to accommodate everyone’s wishes, the best interest of the child will dictate the outcome.

Technically there are no restrictions on either parent to prevent them from relocating to another area in the UK.

However, if this would result in a change to the child arrangements or require the child to be enrolled in a new school then you will need the other parents’ consent.

If such consent is not forthcoming, you will need to apply for a specific issue order for the court to determine whether you can relocate to another part of the country with your child. 

The court must apply the same principles to internal relocation cases as to external relocation cases and the welfare of the child will be the courts paramount consideration.

If you disagree with a proposed move, then you must move quickly and apply for a prohibited steps order pursuant to section 8 of the Children Act 1989. You must consider the reverse of the points listed above to argue why it would not be in the child’s best interest to relocate.

If your former spouse or partner has made an application to relocate with your children to another country or a different part of the UK, you will need to explain to the court why you do not agree.

The court will want to hear about the following:

• The current contact arrangements and how these will be impacted.
• Your concerns about how contact will work if the children move and any practical difficulties’.
• Any concerns you have about the proposed relocation and plans.
• The wishes of the children as far as you are aware.
• The impact the proposed move will have on you.

If you fall within one of the two categories stated above, and need to obtain the other parents’ consent to take your child on holiday, the Myerson family team can assist by writing to the other parent to obtain the necessary consent and complete the required deed.

The deed must be signed by both parents which will then stand as evidence to provide at border control of the other parents’ consent.