Children

Taking a child abroad or relocation abroad

Are You Thinking of Going on Holiday Abroad With Your Child?

Did you know that taking a child abroad without permission is classed as child abduction? However, you automatically have parental responsibility if you are the child’s mother. However you still need the permission of anyone else with parental responsibility before you take your child abroad. If you are wishing to go on holiday abroad with your child/children, you need to ask the other parent if they consent to the holiday first. thats even before you book it. You may need to give the other parent all relevant details of the holiday, too:

  • How long you are going away for;
  • Flight time and the flight number;
  • Hotel or B&B address and telephone number;
  • Whether another adult will be going with you; and,
  • Whether you will be meeting up with other adults and children at the destination.

If you are denied consent by the other party, an application to the Court can be made for a Specific Issue Order. If there is already a Child Arrangements Order in place between you and the other parent, the rules are then different. If you have an Order from the Court stating that the children’s permanent home is with you then you are allowed to remove the child/children for up to one month from the UK. However, it is still always best to seek consent of the other parent, so that they know where the child(ren) are going to be.

Ashmans Solicitors Family Law Team advise those people who are seeking help with a child’s holiday or relocation matters. Please lose no time in getting in touch with us.  CALL US ON 0333 009 6275. Alternatively, you can email us at enquiries@ashmanssolicitors.com

Would you like to Relocate Abroad With Your Child?

People may have one or many reasons for wishing to relocate abroad. Some want to ‘return to their birth home’ after the breakdown of a relationship. While others may want to join their new partner, take a new job or move away from the UK for lifestyle reasons (i.e. the sunshine of California or Australia). Likewise, there are many decisions to make when you are thinking of relocating with your children outside of the UK. Both parents should be involved in deciding the details of this major life change, as the move will mean that the child/children will be a large distance away from one of their parents.

Family Law Solicitors 

The Court’s Role in Relocating a Child Abroad

As with taking children abroad for a holiday, it is against the law to remove a child from the UK on a permanent basis.  Without the consent of the other parent or an Order from the court. If you are unable to obtain the consent of the other party, an application can be made to the court for a Relocation Application or “leave to remove”. In a Relocation Application, the court will look at all aspects of the child’s life. They will consider:

  • The reasons behind the proposed move;
  • Where the child is going to be living and with whom;
  • What school the child is going to be attending;
  • Is there any extended family in the area? and,
  • What proposals are there for the child to continue to see the parent who is not moving with them.

Safeguarding The Child 

If the Court does make a Relocation Order, they will include safeguards to ensure that the child is still able to have a relationship with the parent who is not moving. Child relocation cases are very stressful for everyone involved – not just for the child. The parent who wishes to move abroad might not have been expecting to be the subject of a court order; the child might not want to live abroad with one parent – and the parent that is being left in the UK might feel that they are being torn away from their child.

The concern for the court though is the welfare of the child and the court will only allow an application to succeed if it is in the best interests of the child(ren). If you have any queries regarding taking children abroad or are concerned that your child is going to be taken out of the country without your agreement. Then  please call the Family Law Team at Ashmans Solicitors. We are here to take your call and give you expert legal advice.

Contact Ashmans Solicitors now for a free, no-obligation enquiry. All enquiries are welcome. Please use the Contact Us form regarding your child relocation query, being as detailed as possible. To help us answer you quickly, you’ll need to first describe the issue you’re having – then tell us what you want to achieve.

Related : Secure Accommodation Orders 

Contact us Now

You can get in touch with us in a number of ways. You can call us on 0333 009 6275, available 24 hours a day 7 days a week.

If you would prefer you can email us on enquiries@ashmanssolicitors.com or complete our Free Online Enquiry Form and we’ll be delighted to help you.

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Why Choose Us for your Family Law case?

  • We work with legal aid clients and can assist with obtaining legal aid, if that is appropriate.
  • We offer you a free initial consultation.
  • We are always aware of the relevant laws and regulations relating to children, including patient confidentiality and medical treatment.
  • We have the sensitivity to understand the needs of a child when representing their interests.
  • We demonstrate the ability to represent our clients effectively.
  • We show commitment to representing the interests of clients, especially children.
  • Our experienced family law team will always put you and your child’s best interests first.
  • We have multi-lingual staff in all of our offices, who will give you immediate assistance.
  • You can be assured of competitive prices and a very high success rate.
  • We have an expert team of in-house family law specialists, each with many years of experience representing clients in family courts.
  • We are dedicated to providing the best possible legal advice and services to those going through difficult times.
  • Our understanding and experienced family solicitors can give you professional guidance and support on getting a divorce or a civil partnership dissolution. They’ll also advise on other options, such as legal separation.
  • If you’re being forced into a marriage against your will, we can help you to arrange a Forced Marriage Protection Order.
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Ashmans Solicitors were completely professional in their approach from start to finish. They kept me informed of my case throughout and I was overjoyed with the outcome and service.

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