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My ex wants to take our children abroad

If your ex wants to move your children abroad, they will need your express, written consent.

If you are considering giving your consent to a permanent relocation, it is imperative that you seek legal advice before doing so. If you agree to the relocation, Vardags can assist you and your ex in formulating a contact strategy that will be in the best interests of both parties and most importantly your children.

If you object to the move, your ex will require permission from the court to remove your children. Orders permitting permanent relocation are not made lightly, particularly as the court favours both parents being involved in the upbringing of a child. The paramount concern of the court will always be the welfare of the children, taking into account a number of welfare indicators including the wishes and feelings of the children concerned, as well as the childrens physical, emotional and educational needs. Importantly, the court will also consider the commitment of your ex to support and facilitate the relationship between yourself and your children after relocation.

If you suspect that your ex may be planning to remove your children from the jurisdiction without your consent, it is vital to act quickly. Whatever your circumstances, our team of lawyers can rapidly issue a wide range of applications to the court to ensure that your children are not removed from the country against your will.

 

Frequently Asked Questions

If your ex wants to take your children abroad but you don’t agree, their only alternative will be to seek the court’s permission in the form of an order for permission to relocate permanently with the children. Without this permission, your ex could be committing a serious criminal offence.

As international family lawyers, we regularly come across families who live across multiple jurisdictions whilst enjoying a happy family life.If your ex is taking your children abroad, and you consent to that move, it will be necessary for you and your ex to discuss the practicalities of contact arrangements. To ensure regular and good quality contact, it is highly advisable that you reach a formal agreement with your ex in advance of the move. This will help pre-empt any conflicts or issues that may arise in the future.

If your children live with your ex under a child arrangements order, then your ex may take your children out of England and Wales for up to 28 days without your consent. Where there is no child arrangements order in force, or where your ex wishes to take your child on holiday for longer than a month, they will require your written consent or they will have to obtain permission from the court.

If you are currently making child support payments, this obligation will continue even after your ex moves abroad with your children. Child support will continue to be enforceable in the courts of England and Wales and in over 100 countries with reciprocal arrangements.

OUR Children & Family TEAM

Katherine Res Pritchard

Senior Director - Head of Children Katherine Res Pritchard
“Destined to become the leading private law children's lawyer in London.” 
Legal 500

Vicki McLynn

Director - Divorce & Children Vicki McLynn
“Vicki McLynn is always on top of matters and is always well prepared; she is great with clients and retains a cool head under pressure.” 
Legal 500

Caroline Korah

Director - Children Caroline Korah
“Vardags... has a newly revamped children department that is a force to be reckoned with and is one to watch for its children's work.” 
Legal 500

Is Vardags Right For You?

We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390. Lines are staffed 24 hours.

When you contact us a member of our client relations team will take the full details of your situation, assess whether we can assist you, and if so, determine the best team for your case. 

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