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While separation can be difficult enough, the news your ex-partner is relocating overseas can raise difficult questions about child arrangements.
Understanding the legal position at an early stage can help parents safeguard their relationships with their children and evaluate their next steps.
What are your rights?
Parental Responsibility means you are entitled to be involved in key decisions about your child’s life, including where they live.
Where your ex-partner intends to move overseas with your child, they usually need to be granted consent from everyone with Parental Responsibility, or permission from the court.
If you do agree to the relocation, any arrangements should be formalised through a ‘belt and braces’ consent order, recording the terms in a detail so they aren’t misinterpreted.
This order might outline precise travel windows, schedules for contact and financial guarantees for flights and accommodation during visits.
If an agreement cannot be reached, an ex-partner might apply to the family court to gain permission to move abroad with the child.
You can challenge any legal applications for relocation with a Prohibited Steps Order, which can ensure your child remains in the UK if upheld.
Where a partner has moved abroad with a child without necessary consent or a court order, this might equate to child abduction under UK law.
How will the court decide if a child moves abroad?
The court will decide whether a child should relocate based the Children Act 1989 .
As a legal rule, the child’s welfare is the court’s paramount consideration, taking absolute priority over the wishes of each parent.
The family court will evaluate a child’s wellbeing based on a Welfare Checklist, to decide where their best interests lie. The checklist includes:
- The ascertainable wishes or feelings of the child.
- Their physical and emotional needs.
- The impact of a change of circumstances.
- Their age, sex, background or any other relevant characteristics.
- Any harm they have suffered or are at risk of suffering.
- Whether each parent, or whoever the court deems relevant, can meet the child’s needs.
- The scope of powers available to the court.
In relocation cases, the court might request evidence of schooling, housing, financial provisions and contact proposals for moving abroad.
These factors will be weighed against the impact to a child’s wellbeing of losing regular contact with you.
Speak to a solicitor
We understand that relocation cases can be emotionally distressing for everyone involved, especially if an outcome might limit the time you can spend with your child.
That is why it is important to speak to a solicitor early, so you can act quickly if a move is looking increasingly imminent.
If relocation is agreed, we can help negotiate fair child arrangements that are mutually accepted, ensuring you retain ongoing contact with your child.
If an ex-partner is planning a move abroad with your child, speak to our family law team today to discuss your legal position.
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