Q:What happens if I want to move abroad with my children?


If your ex-partner has parental responsibility for your child or children they would need to consent before moving abroad permanently. If you do not do so this could be deemed to be Child Abduction. If your ex-partner refuses to allow you to move you would need to apply to the Court for ‘leave to remove’. This application would need to be supported by evidence of why such a move would be in the best interest of the child or children.

Your ex-partner can seek to oppose the relocation or simply instruct solicitors to ensure good future contact before the relocation proceeds. If your plans are well thought out, and you provide the court with good reasons for relocating and confirmation that your child or children will still have regular contact with their other parent an order may well be made.

The Court will consider the child’s educational progress, family and support network, activities that they are involved in along with the impact of losing contact with the wider family. They will also consider what more could the one parent offer the child if they continue to reside in this jurisdiction.

Vardags is a top family law firm that specialises in complex cases often involving an international element. If you cannot find answers to your questions here, please consult our ‘family law guide‘ for further information, call us on 0207 717 9979  or email