International child relocation guide

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Relocating to a foreign country is a significant decision and there may be various reasons why you want to make the move. It will have a big impact on the life of your child and co-parent, so it’s important to approach this decision sensitively and to conduct thorough research beforehand.

Relocating with a child

To relocate from England and Wales with your child, you will either need the consent of all those with parental responsibility (this will usually just be the other parent) or an order of the court. Without this, you risk being accused of child abduction.

Planning and communication are key. It's important to first seek the consent of your co-parent. If they object or have concerns, mediation or solicitors can help reach an agreement. If you are still unable to agree, you may need to apply to the court for permission to relocate. This is called a Specific Issues Application.

When communicating your plan to your co-parent or if you ultimately have to make an application to court, it is vital that you have considered what yours and your child’s life will look like abroad. You will need to show that you have thought about, if not already arranged, suitable housing, childcare and education. You will need to show that you can afford the move and that you will be able to financially support yourself abroad.

You‘ll also need to think carefully about how you are going to maintain familial connections between the children and the family, including your co-parent, who remain in England and Wales. This is likely to be through a combination of direct contact such as visits back here or your co-parent coming out to see the children abroad, and indirect contact between the co-parent and children such as phone calls, messages, photos and video calls.

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What the court will consider

Each case is unique but the court’s paramount consideration is the child’s welfare. The Welfare Checklist in the Children Act 1989, requires the court to consider:

  • the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding)
  • their physical, emotional and educational needs
  • the likely effect on him of any change in their circumstances
  • their age, sex, background and any characteristics of theirs which the court considers relevant
  • any harm which they have suffered or are at risk of suffering
  • how capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting their needs
  • the range of powers available to the court under the Children Act 1989

For a long time, particular emphasis was given to the effect of refusal on the parent who wanted to move. The presumption was that if the parent’s case for relocation was genuine, realistic and well thought-through then permission would generally be granted. However, this changed in 2012 with a case which shifted the focus back onto the welfare principle, rather than the parent’s wishes.

It's vital to consider carefully what the relocation will involve and show the court and your co-parent that you have planned it out, and why it is in the best interests of the child. For example, it may be that you are moving for a job or to be closer to family. These will need to be weighed carefully against welfare reasons why it might be better for the child to stay in the UK. You will need to consider these sensitively and be able to address any concerns.

Opposing an application to relocate

It might be that your co-parent is planning to relocate with your child and has applied to the court to do so. You should be reassured that the relocation can only take place with your permission or with order of the court. If you do not consent and an application is made, you need to understand and demonstrate the impact that the move would have on the child. This may include consideration of the friendships and family relationships that would be lost on the move, the change in education and the quality of life offered here versus abroad. You need to show why your child’s welfare is best served by remaining here.

If your co-parent travels abroad with your child without your consent and remains there, they may be guilty of child abduction and you might need to make an application under the 1980 Hague Convention for the return of your child. If an application is filed within 12 months of wrongful removal, the court must order the child’s immediate return.

This is a complex and sensitive area of law so you should take legal advice as soon as you believe your co-parent may not return.

How we can help

International relocation can be time sensitive whether you are the parent looking to move or are the parent opposing the application. It's important to seek legal advice as soon as you intend to move abroad or find out that your co-parent intends to.

We have:

  • successfully represented a high-profile father who wanted to relocate to another country with his child. 
  • successfully negotiated a mother's relocation abroad with her child, ensuring the child's relationship with their father was fully supported after the move. 
  • dealt with an extremely sensitive case involving domestic abuse and a father facing criminal proceedings for possessing indecent images of children. We obtained an order allowing the mother to relocate within the UK. 

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Our team of specialist family lawyers are here to support you if you're facing issues related to international child relocation. Speak to our team today. 

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International child relocation FAQs

Your ex cannot permanently move abroad with the children without your permission or an order from the court confirming he can do so. If you do not want the children to move, then he should be seeking the court’s permission. If he isn’t and you are concerned that he will move without your consent or a court order, then you should consider making your own application to prevent this from happening.

This is called an “application for a prohibited steps order” (ie, you are asking the court to prohibit him from moving permanently with the children). He may make a counter-application requesting permission to move. In which case, you will both need to present why you believe it is in the best interests of the children to respectively move or stay. The court will then make a decision based on the children’s welfare.

If you both agree to the move, you do not need to have this rubber stamped by the court. However, it's sensible to document this agreement in case your co-parent later suggests that they did not consent to the move. 

A Parenting Agreement can confirm their consent to the move but can also contain more detailed arrangements about how contact will be facilitated. For example, the agreement can detail what indirect contact by phone or video there will be, and which holidays the children might return to the UK for to see their other parent. Though a Parenting Agreement is not binding, it is good evidence if an application was ever later brought to court.

When you take your child abroad, even for a short amount of time you should always get the consent of all those with parental responsibility for that child (or an order of the court if this is not forthcoming). If there is a child arrangements order in place which states that your child lives with you, you can take them abroad without consent for less than a month but it is still courteous to ask the co-parent.

The courts in England and Wales aim to ensure that the order they make will also be enforceable in the country the parent is moving to, but this will depend on the destination country. It would be sensible to take legal advice in your destination country to find out what you need to do to ensure that the order is enforceable there. It may be that you have to apply for what is called a ‘mirror order’ which, as the name suggests, simply reiterates the existing order but gives you the extra protection of being an order in your destination country.

If the mother has remained abroad without your consent and without an order of the court, then she may be guilty of child abduction. Seek legal advice immediately as it may be necessary to make an application under the Hague Convention 1980 for your child’s return. This is a set of international laws for instances where a child has been wrongfully removed or retained in a country. These applications must be made as soon as possible and are treated very seriously.

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