Introduction to international relocation of children
As the law stands, where there is no court order regulating the care arrangements of your child, permission from every person with parental responsibility is required in order to take the child out of the country. The child’s mother will always have parental responsibility. Fathers who were married to the child’s mother at the time of the child’s birth or who subsequently married the child’s mother have parental responsibility. Unmarried fathers who are named on the child’s birth certificate also have parental responsibility, providing that the child’s birth was registered on or after 1 December 2003. Parental responsibility can also be obtained by agreement with the child’s mother or by court order. If there is a residence order in place the parent whose favour it is in may take the child out of the country for a period of up to 28 days without the other parent’s permission. For more details please refer to our guide to international relocation of children.
How Vardags can help with international relocation of children
Where your former partner is looking to relocate to another country, situations can occur which require urgent legal action. Parents will not have always had the benefit of legal advice and may be oblivious to the requirement of consent. They may be stopped by the UK Border Agency and asked to show evidence of such agreement, but this does not always happen. It is far better to prevent a parent leaving the country with a child than dealing with the aftermath of such steps. Any concerns you have will be taken seriously and all of your options will be thoroughly explored.
A significant number of our cases have an international element and we commonly make and defend applications for permission to relocate internationally. We also frequently deal with international child abduction cases. If you are considering relocating with your child, or if your former partner has expressed a desire to do so, you should seek our expert legal advice at the earliest opportunity so that we can help you manage this difficult process in the least painful and traumatic manner possible.
The first step is to arrange a meeting with one of our solicitors. Therefore, please call us on 020 7404 9390 or email us to make an appointment to come and see us.