Taking a Child Abroad

Moving to a new country can be very exciting, but there are many practical issues that you need to consider.

If you have children with a former partner, you may need to make an application to the court to relocate your child permanently overseas. When parents are separated or divorced, the consent of the other parent (or any other person with parental responsibility) is required before you can move to another country.

If the other parent does not agree to the child moving, you will need to apply to court to obtain an order to allow your child to move with you. This is never an easy decision for a Judge, and will involve careful consideration of many factors, including review of the plan to relocate, reasons for the move and future plans, the child’s current arrangements, and the involvement the child has with both parents.

The judge will need to see detailed information and proposals.

Consideration is given to the impact of refusing permission to emigrate on the parent who wishes to leave, but the most important factor is the child’s welfare.

A judge will consider the child’s wishes, the motivation of both parents, and planning for the relocation itself and continued involvement of the other parent.

You may also need help from the court if you wish to move overseas without your children, as some visa applications require medical examinations to be carried out on the children of an emigrating parent – even if they are not going with them. This can be problematic if the parent and child are estranged, or the other parent refuses their consent. Our solicitors can help you to work through this together.