There are many reasons why you may wish to take your children abroad. You may be feeling isolated and want to relocate permanently to be nearer to your family and support networks at home, you might be seeking a lifestyle change, or you may simply want to take your children on holiday. In some cases, you may want to take your children away to protect them from harm.
If you are seeking to take your children abroad without the consent of the other parent, however, you will need permission from the court to remove them from the jurisdiction in the form of a ‘leave to remove’ statement. Removing a child from the jurisdiction without appropriate permission is a criminal offence that can have serious repercussions. Nevertheless, the court will approach any application to relocate with an open mind and their paramount concern will be for the welfare of the children. As experienced family lawyers, Vardags can help demonstrate that your move is in your children’s best interests. We can assist you in developing a workable contact strategy that will not only be reasonable to you, but also to your ex and the court.
Whatever your circumstances, Vardags can guide you through the complex legal issues that can arise when you are seeking to take your children abroad. We can help negotiate with any parent who opposes the proposed relocation. Alternatively we can draw on our depth of experience to help you navigate the court process and successfully obtain permission from the court.
If your ex opposes your plan to move abroad with your children, there are numerous strategies that can be deployed to overcome their opposition.
While the court will be unable to stop you from relocating, it’s primary concern will be whether it is in your children’s best interests to do so, and whether there is an appropriate strategy in place for the children to maintain regular contact with the other parent.
If you are named as the person that a child lives with under a child arrangements order you may take your children on holiday abroad for up to 28 days without requiring permission from your ex. However, if there is no order in place or you wish to take your child out of the country for longer, you will require their written consent.
If you move abroad and your ex has or is threatening to cut off financial support you can apply to enforce an existing maintenance decision.
The UK has international agreements concerning maintenance with more than 100 countries. These reciprocal arrangements mean that an order can be registered and enforced in every one of these countries.
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Vardags is one of the UK’s leading divorce law firms. We specialise in complex, high net worth and international cases. The Legal 500 has said of Vardags: “The team is noted for its sheer intellect”
Vardags is among the leading family law firms in the UK. Our solicitors specialise in complex cases for high net worth individuals, including international child relocation, child abduction, and prenuptial agreements. The Legal 500 has said that "clients feel in totally safe hands" with Vardags' Children & Family lawyers.
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Vardags is a leading UK law firm with expertise in complex disputes relating to a range of corporate law matters. Our team has a wealth of expertise to help clients with their legal needs.
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