International Relocation of a Child
In the event of a breakdown of a relationship or marriage, the issue of relocation of a child can be one of the most challenging and contested issues for separated parents, especially where one parent wishes to return with the child to their home country.
You cannot remove a child from the jurisdiction of England and Wales or intentionally without the consent of those who hold parental responsibility for the child. If a child has been removed from their country of habitual residence without the consent of everyone who holds parental responsibility for that child, it may be considered as wrongful relocation and child abduction [for further information on this topic, please see our page relating to child abduction or visit our family services page]. If consent is not granted, then court proceedings may need to be issued. The court will consider the factual matrix of each case before making a decision they deem to be in the child’s best interests and welfare. The main factors the court will take into account, is the welfare checklist, section 1 [3] of the Children Act 1989 and also include as follows:
- The needs of the child;
- The motivation of the relocating parent;
- Will the relocation be in the best interest of the child;
- Long term plan for the child;
- The ascertainable wishes and feeling of the child;
- The child’s physical, emotional and education needs;
- The likely effect of any change in circumstances;
- The contact agreements between the child and the non-relocating parent should the relocation be granted;
- The child’s familiarity of the relocation;
- Each parent’s position on the relocation.
Prohibited Steps Order
If you are worried that your child many be taken abroad to live, you may need to consider applying for a prohibited steps order. This order will prevent your child from being removed from the jurisdiction of England and Wales without the permission/consent of both parents.
Our Family Law Team contains Resolution accredited Children’s Law Specialists and members of the Children Panel and most of Family Law Team have expertise in providing advice on international child relocation and if you would like to talk to an expert legal adviser about your options, contact us.
Free initial call with the enquiry team
Phone: 020 7272 1234
We provide family law advice nationally as well as internationally through telephone, email and video calls. We will also ensure you are kept up to date with your matter and assist you developing a strategy to help you succeed.
Our solicitors are based in London and nearby areas
Hopkin Murray Beskine’s London office:
The Ivories, Unit 17,
6 – 18 Northampton Street,
London, N1 2HY.
Our team of family law specialists are here to help you through the process and take real pride in what they do and how they do it, delivering an outstanding service at a sensible price, tailored precisely to your needs.
