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, but 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, 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 firstname.lastname@example.org
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.
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.
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 – 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.