If you want to move abroad with your children, or take them out of the country for an extended period of time, you will need either the agreement of the other parent or the permission of the court. If you fail to obtain this approval, removing the child from the jurisdiction may be a criminal offence.
When the court examines such applications, the key concern will be what is in the child’s best interests. The court will look at the circumstances surrounding the move and look to see what is best for the child’s welfare.
Where a parent is looking to move abroad permanently, the court will need to know about the plans made for the child’s healthcare, living arrangements, and education. The court will also look at how contact with the non-resident parent might be facilitated and the approach the new country takes to enforcing orders if things go wrong.
If you are looking to move abroad, the court will need to see that you have a thorough plan for your life in the new country. This will require a strong command of the facts and the circumstances surrounding your move, including how you will support yourself and your children in the new country. It is vital to have sound legal advice and preparation for your case.
Where it is your partner who wants to move away with your child, it is important to have a thorough understanding of the facts of the case and the legal framework. It may be possible to prevent them from moving, and in any case you will want to find arrangements that keep your relationship with your child strong – be that financial provision for visiting them or plans for indirect contact, such as Skype calls.
The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.