Do I Need Permission to Move Abroad with My Child?
Relocating abroad is a significant decision, especially when children are involved. Whether you are planning to move for work, family reasons, or a new opportunity, understanding the legal requirements for moving abroad with your child is essential. So, do you need permission to move abroad with your child? The answer is nuanced, and it depends on a variety of factors.
Parental Responsibility and Consent
In England and Wales, parents who share parental responsibility for a child have equal rights and duties regarding decisions affecting the child’s upbringing. Parental responsibility typically means the right to make important decisions about your child’s life, including where they live. If you are married or in a civil partnership, both parents typically have parental responsibility from birth. If you are not married, the mother automatically has parental responsibility, but the father can acquire it through legal means, such as by being named on the birth certificate or obtaining a court order.
If you share parental responsibility with the other parent, it is crucial to obtain their consent before moving abroad. Moving without their agreement can lead to serious legal consequences, including the potential for the other parent to apply to the court to prevent the move.
Court Permission
If you cannot obtain consent from the other parent, or if there is a dispute over the move, you may need to apply to the court for permission to relocate with your child.
The court will consider several factors before granting permission, primarily focusing on the child’s best interests. Key considerations include:
- The impact of the move on the child’s relationship with both parents.
- The reasons for the move (e.g., employment opportunities, family connections).
- The child’s age and emotional needs.
- The feasibility of maintaining a relationship with the non-relocating parent, such as through regular communication or visits.
If the court believes that the move is in the child’s best interests, it will grant permission. If not, it may prevent the relocation.
International Relocation and the Hague Convention
If you are planning to move abroad, it’s also important to be aware of international child abduction laws. England and Wales is a signatory to the Hague Convention on International Child Abduction, which is an international treaty designed to protect children from being wrongfully removed from their country of habitual residence. If the other parent does not consent to the move, they may be able to apply for the return of the child under the Convention.
In such cases, even if you have obtained court permission in England and Wales, the destination country’s laws may require additional steps, such as ensuring the child’s return in the event of a legal dispute. Consulting with a family law specialist such as Georgina Emerson, is essential if you are moving internationally.
Practical Considerations
Beyond the legal requirements, it’s important to consider the emotional and practical impact on your child. Moving abroad could disrupt their schooling, social life, and relationship with the ‘left behind’ parent. Maintaining open communication with the other parent, where possible, can help in reaching an agreement that benefits your child. Courts often encourage parents to work together and to prioritize the child’s well-being above all else.
Conclusion
Permission is usually required to move abroad with your child, especially if there is shared parental responsibility. If consent from the other parent cannot be obtained, you should seek legal advice as you may need to apply for permission from the court, which will assess the situation based on the child’s best interests.
If you are planning an international move, understanding the implications of the Hague Convention and consulting a lawyer for expert advice is crucial. Relocating abroad with a child is a significant step, and ensuring you follow the proper legal process can help avoid complications.
How can Ellis Jones help?
Georgina Emerson, senior associate based in our London Office, specialises in dealing with complex international relocation cases and child abduction. She can provide you with clear advice to enable you to understand the legal framework and ensure that your child’s well-being is safeguarded, and your move proceeds smoothly. Alternatively, she can assist you in successfully defending an application to stop the other parent from moving your child abroad.
Please do not hesitate to contact Georgina Emerson on Georgina.emerson@ellisjones.co.uk or telephone 020 3978 4729 to arrange an initial meeting.
How can we help?
When you submit this form an email will be sent to the relevant department who will contact you within 48 hours. If you require urgent advice please call 01202 525333.
